← Library
Patna High CourtCR. MISC./5134/2018disposed

Arvind Yadav @ Arvind Kumar v. The State Of Bihar

2018-01-302 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5134 of 2018 Arising Out of PS.Case No. -143 Year- 2016 Thana -BITHAN BAZAR District- SAMASTIPUR ======================================================

1. Arvind Yadav @ Arvind Kumar, Son of Jag Narayan Yadav, Resident of Village - Pusaho, P.S. - Bithan, District - Samastipur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Surya Narayan Sinha, Sr. Advocate For the Opposite Party/s : Mr. Shyam Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 30-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 147, 148, 149, 302 of the Indian Penal Code and Section 27 of the Arms Act. On perusal of the order passed by a Coordinate Bench of this Court in Cr. Misc. No. 27471 of 2017 vide Annexure-1 anticipatory bail matter of this petitioner, it appears that the Court was informed that co-accused, namely, Santosh Yadav, similarly situated was granted anticipatory bail in this case. However, prayer of the petitioner was refused only on the ground of criminal antecedent.

So far merit of this case, there is general and omnibus allegation against nine named accused persons including

Patna High Court Cr.Misc. No.5134 of 2018 (2) dt.30-01-2018 2/2 the petitioner of indiscriminate firing. However, the Doctor found single firearm injury on the person of the deceased. Considering the aforesaid fact, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Bithan Police Station Case No. 143 of 2016, subject to the condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Kundan/- U T