Ram Swaroop Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26622 of 2018 Arising Out of PS. Case No.-131 Year-2016 Thana- KHODABANDPUR District- Begusarai ====================================================== Ram Swaroop Yadav, son of Babu Lal Yadav, resident of Village- Purpathar, P.S.- Khodawandpur. O.P. Chhaurahi, District- Begusarai. ... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhupendra N. Singh, Advocate Mr. Shailendra Kumar, Advocate For the Opposite Party/s :

Mr. Binod Kumar No.3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 03-05-2018 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Khodawandpur P.S. Case No.131 of 2016, registered for the offence punishable under Sections 147, 148, 149 and 302 of the Indian Penal Code and under Section 27 of the Arms Act.

Allegation has been made that petitioner and 13 other accused persons armed with different weapons have surrounded the informant and his brother, Prahlad Kumar Yadav, and started indiscriminate firing. Looking to indiscriminate firing, the informant tried to hide himself, but on the order of the present petitioner, Rajiv Yadav, Lalan Yada and Raju Yadav, fired on the brother of the informant, who died later on.

Patna High Court Cr.Misc. No.26622 of 2018(2) dt.03-05-2018 2/2 Learned counsel for the petitioner submits that the age of the petitioner is 82 years and it is a land dispute between the parties.

Looking to the age of the petitioner, let the petitioner, namely, Ram Swaroop Yadav, be released on anticipatory bail in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the S.D.J.M., Manjhaul, Begusarai, in connection with Khodawandpur P.S. Case no.131 of 2016, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. Further condition is that whenever the police will call the petitioner for the purposes of investigation and interrogation, he will remain present for the investigation. In the event of being absent on two consecutive dates without reasonable explanation, the present order will be treated to have been cancelled.

(Shivaji Pandey, J) pawan/- U T