Manohar Yadav @ Manohar Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43929 of 2018 Arising out of P.S.Case No. -357 Year- 2017 Thana -SAHEBPUR KAMAL District- BEGUSARAI ======================================================

1. Manohar Yadav @ Manohar Prasad Yadav Son of Late Hari Lal Yadav, resident of Village- Gangia, P.S.- Gangaur, O.P. District- Khagaria. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Nakul Kumar Jamuar, Advocate For the Opposite Party/s : Mr. Yogendra Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-07-2018 Heard the parties. The petitioner seeks anticipatory bail in connection with Sahebpur Kamal P.S. Case No. 357 of 2017, registered for offences punishable under Sections 385, 307, 302/34 of the Indian Penal Code and 27 of the Arms Act.

As per F.I.R., allegation against the petitioner and other co-accused persons is of committing occurrence of deadly assault to the informant and his brother with fire arm, causing death of the brother of the informant.

Submission of the learned counsel for the petitioner is that there is no specific allegation against the petitioner and the petitioner has been falsely implicated in this case. It is further submitted that petitioner is no concern with the alleged crime and

Patna High Court Cr.Misc. No.43929 of 2018 (2) dt.26-07-2018 2/2 he is 81 years old person, as stated in paragraph 10 of this petition. Learned A.P.P. as well as learned counsel appearing on behalf of informant opposes the prayer for bail stating that the petitioner is main accused in this case.

Having heard both sides and in view of the facts and circumstances and considering the age of the petitioner, let the petitioner, above named, surrender, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-V, Begusarai in connection with Sahebpur Kamal P.S. Case No. 357 of 2017, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(Vinod Kumar Sinha, J) Sudha/-sunil U T