Munna Yadav @ Munna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71857 of 2018 Arising Out of PS. Case No.-2 Year-2018 Thana- NAWANAGAR District- Buxar ====================================================== Munna Yadav @ Munna Kumar Son of Radha Singh Resident of VillageKadadih P.S. Bikramganj,Distt.-Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bachan Jee Ojha For the Opposite Party/s :

Mr. Anuj Kumar Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 302/34 of the Indian Penal Code. The prosecution case, in brief, is that in the backdrop of payment of money, dispute arose and in consequence thereof, the informant's father was assaulted as a result of which, informant's father 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 been falsely implicated in the present case. The petitioner is not named in the FIR. In course of occurrence, specific allegation is alleged to have been made against co-

Patna High Court Cr.Misc. No.71857 of 2018(2) dt.20-12-2018 2/2 accused, Saral Yadav, Shyam Narayan Dubey and Pappu Kumar who are alleged to have assaulted the deceased. There is no other substantive evidence to suggest the implication of the petitioner in the present case. The other co-accused namely Saral Yadav with similar allegation have been granted anticipatory bail by a coordinate bench of this court vide order dated 25-06-2018 passed in Cr. Misc. No. 25232 of 2018. On behalf of the State, it is submitted that the petitioner is not 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 learned Chief Judicial Magistrate, Buxar in connection with Nawanagar P.S. Case No. 02 of 2018, 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