Ram Kumar Yadav @ Raj Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14369 of 2015 Arising Out of PS.Case No. -370 Year- 2008 Thana -KALUAHI District- MADHUBANI ====================================================== Ram Kumar Yadav @ Raj Kumar Yadav .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Gagan Deo Yadav, Advocate For the Opposite Party/s : Mr. S.D. Singh Yadav (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-04-2015 Heard learned counsels for the petitioner and the State.
The petitioner is apprehending arrest in a case registered for the offences punishable under Section 147, 148, 149, 323, 324, 448, 380, 307, 302 of the Indian Penal Code. It is alleged that the accused persons entered into the house of the informant and assaulted the father, cousins, wife and younger brother of the informant with lathi danda and rod when co-accused Mahesh Yadav stout the throat of the handicapped nephew of the informant namely Akhilesh Yadav, who, subsequently, succumbed to the injuries. It is submitted by learned counsel for the petitioner that though the case was instituted on 19.06.2009 but the petitioner was not sent up for trial subsequently the learned
Patna High Court Cr.Misc. No.14369 of 2015 (2) dt.07-04-2015 2/2 court below deferring with the final form took cognizance vide order dated 03.10.2013 under Sections 147, 148, 323, 324, 448, 380, 307 and 302 of the Indian Penal Code. A statement has been made in para 3 of the petition that the petitioner has no criminal antecedent. Similarly situated co-accused Birendra Yadav @ Birendra Kumar Yadav has already been granted anticipatory bail by a Bench of this Court vide order dated 01.07.2014 passed in Criminal Miscellaneous No.16901 of 2014.
Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhubani in connection with Kaluahi (Khajauli) P.S. Case No.370 of 2008, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Ashwini/- U T