Biran Yadav @ Birendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53480 of 2018 Arising Out of PS. Case No.-252 Year-2016 Thana- KATORIYA District- Banka ====================================================== Biran Yadav @ Birendra Yadav, Son of Late Lutan Marik, Resident of Village- Laharniya, Police Station- Suiya, District- Banka. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ajay Mukherjee For the Opposite Party/s :

Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 302/34 of the Indian Penal Code. The prosecution case, in brief, is that the dead body of father of the informant was found lying at Bulaki Jore. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. From perusal of paragraphs-45, 46 & 47 of the case diary, it appears that a suspicion has been raised against the petitioner. Except for suspicion, there is no other substantive evidence to suggest the implication of the petitioner in the present case. There is no eye

Patna High Court Cr.Misc. No.53480 of 2018(3) dt.03-12-2018 2/2 witness to the alleged occurrence.

On behalf of the State, it is submitted that the petitioner is named in F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Banka in connection with Katoria (Suiya) P.S. Case No. 252 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) A.K.V.//- U T