Awdhesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69586 of 2019 Arising Out of PS. Case No.-48 Year-2014 Thana- FULKAHA District- Araria ====================================================== AWDHESH YADAV Son of Shiv Narayan Yadav @ Shivan Yadav Resident of Village - Lakhmipur, P.S.- Fulkaha, Distt - Araria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajendra Naraian, Sr. Adv.
For the Opposite Party/s :
Mr. Rampriya Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 29-06-2020 Heard learned senior counsel Sri Rajendra Narain appearing for petitioner as well as learned Sri Rampriya Singh, Additional Public Prosecutor appearing for the State through video conferencing.
Petitioner apprehends his arrest in connection with Fulkaha P.S. Case No.48 of 2014 registered for the offences punishable under Sections 302/201/34 of the Indian Penal Code read with 27 Arms Act.
The above stated Fulkaha P.S. Case No.48 of 2014 was registered against fourteen persons. Admittedly, petitioner is not named in the First Information Report and for the first time, the name of petitioner surfaced in this case in the statement of one Madan Paswan followed by statement of other witnesses. Admittedly, the present case was registered on 29.08.2014 and
Patna High Court CR. MISC. No.69586 of 2019(4) dt.29-06-2020 2/2 the name of petitioner came in this case on 11.11.2014. Moreover, none had seen the actual killing of the deceased and witness Madan Paswan, witness Beauty Devi and witness Shayama Nand Yadav expressed their suspicion against the petitioner.
Considering the aforesaid facts and circumstances of the case as well as submission of the parties, let petitioner in the event of his arrest/surrender within six weeks from the date of receipt of this order to the Court concerned, shall be released on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) within two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Araria or his successor in connection with Fulkaha P.S. Case No.48 of 2014, subject to conditions as laid down under Section 438(2) of the Cr.P.C. (Hemant Kumar Srivastava, J) Prakash Narayan /- U T