Kundan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58170 of 2018 Arising Out of PS. Case No.-178 Year-2017 Thana- SONO District- Jamui ====================================================== Kundan Yadav, Son of Brahmdeo Yadav, Resident of Village- Agahara, Chapari, P.S. Sono, District- Jamui.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Satya Prakash Parasar For the Opposite Party/s :

Mr. Sri Sanjay Kumar ====================================================== 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 147, 148, 149, 323, 324, 325, 326, 307, 302 and 120B of the Indian Penal Code.

The prosecution case, in short, is that while the informant and his family members were engaged in cultivation work, the accused persons, variously armed, came there and assaulted them due to which two persons succumbed to the injuries.

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 falsely been implicated in the

Patna High Court Cr.Misc. No.58170 of 2018(3) dt.03-12-2018 2/2 present case. The specific allegation is against co-accused Brahmdeo Yadav, Anil Yadav, Aaso Yadav and Tuntun Yadav. As far as petitioner is concerned, he was not present at the site at the time of the occurrence. He is alleged to have called upon the co-accused Brahmdeo Yadav and motivated him to commit the offence. Except for this, there is no other substantive evidence to suggest his implication in the present case. On behalf of the State, it is submitted that the petitioner is named in the F.I.R./complaint case. 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) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st, Jamui in connection with Sono P.S. Case No. 178/2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Pankaj/- U T