Changuri Yadav @ Jhanguri Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.19699 of 2016 (2) dt.12-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19699 of 2016 Arising Out of PS.Case No. -261 Year- 2015 Thana -KAHALGAON District- BHAGALPUR ======================================================

1. CHANGURI YADAV @ JHANGURI YADAV Son of Vilash Yadav resident of village- Sadhopur, Police Station- Ghoga, District- Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vikram Singh For the Opposite Party/s : Mr. Sunil Kumar Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 12-05-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Kahalgaon (Ghogha) P.S. Case No.261/2015 registered under Sections 147, 149, 307, 504 of the Indian Penal Code and Section 27 of the Arms Act.

The accusation is that the brother of the informant purchased the land of one Sanjeev Kumar Singh and regarding this, agreement has also been prepared and since two years the said land was being cultivated by the petitioner and others. On 04.07.2015 nine persons including the petitioner reached at the said plot and cultivated his land and at that time they also made indiscriminate firing. The petitioner is one of the notorious

Patna High Court Cr.Misc. No.19699 of 2016 (2) dt.12-05-2016 criminal who has been released from jail after completing 20 years of imprisonment.

Learned counsel for the petitioner submits that it would appear from the F.I.R. that there is general and omnibus allegation against the petitioner. Further submission is that the petitioner was accused in Sessions Trial No. 301 of 1992 for the offence under Section 302 of the Indian Penal Code, in which he was convicted and sentenced by the learned 1st Additional Sessions Judge, Bhagalpur and he has been released from jail after completion of imprisonment and there is no other case against the petitioner pending at present. Further submission is that similarly situated co-accused namely Kakku Yadav has already been allowed bail vide Cri. Misc. No. 58170 of 2015 dated 10.03.2016. Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Anwar Samim, Judicial Magistrate 1st Class, Bhagalpur in connection with Kahalgaon (Ghogha) P.S. Case No. 261/2015.

(Rajendra Kumar Mishra, J) Amit/- U T