IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22178 of 2009 AMIT KUMAR YADAV @ AMIT KUMAR @ RINKU YADAV, son of Late- Dinesh Kumar Yadav, resident of Village-Baragobind, P.S.-Chakiya, District-East Champaran. ……Petitioner Versus The State Of Bihar ……Opposite Party. ----------- 02. 20.07.2009 Petitioner apprehends his arrest in Chakiya P.S. Case No. 180 of 2002 instituted originally under Section 304/34 of the Indian Penal Code which is pending before Judicial Magistrate, Ist Class, East Champaran at Motihari. It is stated that for the same occurrence first the present P.S. Case was instituted by the police against unknown. In course of investigation petitioner’s name did rebuke but police submitted final form not sent the petitioner for trial. Once the P.S. case was instituted the deceased son filed a complaint, that complaint was then referred under Section 153 Cr. P.C. for investigation which was then registered as Chakiya P.S. Case No. 103 of 2003. Both this and the earlier P.S. case were investigated together. Petitioner was not sent up for trial in either of the case. Learned Chief Judicial Magistrate has taken cognizance of offence under Section 302 and thus petitioner apprehends arrest. Petitioner states that in the complaint several - 2 - persons have been named. No specific overt act has been attributed to the petitioner. Similarly situated persons have already been granted Anticipatory bail by this Court namely Jagdish Rai in Cr. Misc No. 39704 of 2007 by order dated 26.11.2007, Jitendra Kumar in Cr. Misc. No. 12513 of 2008 and other accused persons namely Ashok Yadav, Suresh Rai and another in Cr. Misc. No. 32157 of 2008 and Cr. Misc. No. 39874 of 2008 respectively. Be that as it may, let the petitioner namely Amit Kumar Yadav @ Amit Kumar @ Rinku Yadav, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on Anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Motihari, East Champaran in connection with Chakiya P.S. Case No. 180 of 2002 subject to the conditions as laid down under Section 438(2) Cr. P.C. Shageer (Navaniti Prasad Singh, J)