IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.35161 of 2011 ====================================================== 1. Uday Shankar Yadav @ Uday Yadav S/O Late Janardhan Yadav R/O Village - Rajganj, P.S. Bihariganj, District - Madhepura .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar, Adv. For the Opposite Party/s : Mr. J.K. Singh No. 1, Addl. P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA) 2 25-10-2011 Heard. The petitioner apprehends his arrest in a criminal prosecution registered under Section 302/34 of the Indian Penal Code as also under Section 27 of the Arms Act. It is submitted that according to the prosecution case itself, co-accused Shashi Yadav is the assailant of the deceased. Though the petitioner is also one of the named accused, but there is no specific allegation of his participation in the actual crime, save and except that he was seen fleeing away from the place of occurrence. By referring to Annexure-2 it is submitted that co-accused Birendra Prasad and co-accused Mantoo Yadav @ Uday Shankar Yadav @ Kumar Udai Shankar with almost similar and identical allegation, have been granted privilege of anticipatory bail by a Bench of this Court. In the facts and circumstances of the case, in the event of his arrest or surrender in the court below within a period of four weeks from today, let the above named petitioner be enlarged on Patna High Court Cr.Misc. No.35161 of 2011 (2) dt.25-10-2011 2 / 2 2 bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura, in connection with Bihariganj P.S. Case No. 125 of 2009 , subject to the conditions as laid down under Section 438(2) Cr.P.C. BTiwary/- (Birendra Prasad Verma, J)