Janardan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52367 of 2018 Arising Out of PS.Case No. -364 Year- 2017 Thana -BIHARIGANJ District- MADHEPURA ====================================================== Janardan Yadav S/o Late Bishnu Yadav, R/o Vill.- Hathioundha, P.S.- Bihariganj, District- Madhepura.

.... .... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shailendra Kumar Singh For the Opposite Party/s : Smt. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-09-2018 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 and 27 of the Arms Act.

The prosecution case, in brief, is that in the backdrop of land dispute, the accused persons including the petitioner made conspiracy and co-accused fired upon the deceased. 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 main allegation is against Subhash Yadav and Santosh Yadav who are alleged to have fired upon the deceased. So far the petitioner and

Patna High Court Cr.Misc. No.52367 of 2018 (2) dt.10-09-2018 others are concerned, general and omnibus allegation of assault has been made against them. The other similarly situated coaccused namely, Ambika Yadav and Radha Rai have been granted anticipatory bail by a coordinate bench this court vide orders dated 03-07-2018 and 24-07-2018 passed in Cr. Misc. No. 38611 of 2018 and 33063 of 2018 respectively.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/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 Sri Abhimanyu Kumar, learned Judicial Magistrate-Ist Class, Madhepura in connection with Bihariganj P.S. Case No. 364 of 2017, 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