Krishna Yadav @ Kaushal Jee v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11806 of 2016 Arising Out of PS.Case No. -11 Year- 2015 Thana -DHIBRA District- AURANGABAD ======================================================
1. Krishna Yadav @ Kaushal Jee Son of Tulsi Yadav resident of village - Dewaria, Police Station - Barachati, District - Gaya ( Bihar ) .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kamlendra Pd. Singh For the Opposite Party/s : Mr. Md. Ataur Rahman(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-05-2016 Supplementary affidavit has been filed on behalf of the petitioner. Let it be kept on the record. Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.
The petitioner seeks bail in a case for the offences punishable under sections 147, 148, 149, 120 (B), 124 (A), 353 and 307 of the I.P.C, sections 25 (1-B) a, 26, 35 and 27 of the Arms Act and section 17 of the C.L.A. Act.
Allegedly, the petitioner, other FIR named accused persons as well as 50-60 extremists attacked the camp of the C.R.P.F and made indiscriminate firing. The informant being the
Patna High Court Cr.Misc. No.11806 of 2016 (5) dt.17-05-2016 2/3 Assistant Commandant of the C.R.P.F claims to identify the petitioner and other FIR named accused persons. Submission is of false implication and that it is not believable that the informant who is the resident of Pithouraganj, Uttrakhand will identify the petitioner, as a matter of fact the name of the petitioner is Krishna Yadav but by naming Kaushal Yadav he has been roped in this case, the petitioner was not caught at the spot, nothing was recovered from his conscious possession, he is being remanded in the case one after another resulting he is suffering in custody since 05.01.2016, co-accused Surendra Yadav @ Suresh Jee @ Sukesh Jee has been allowed bail vide Cr. Misc. No. 18877 of 2016 by another coordinate Bench of this Court. The learned A.P.P. submits that the petitioner has got criminal antecedent.
In the facts and circumstances as stated above, the petitioner is also directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M. Aurangabad in Dhibra P.S. Case No. 11 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and
Patna High Court Cr.Misc. No.11806 of 2016 (5) dt.17-05-2016 3/3 every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J) Abhay/- U T