Kamal Kishore Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30164 of 2015 Arising Out of PS.Case No. -507 Year- 2012 Thana -KHAGARIA District- KHAGARIA ======================================================

1. Kamal Kishore Yadav S/o Sri Biranchi Prasad Yadav Resident of Village Khutia, P.S. Mansi, District Khagaria and President of Upjau Bhoomi Bachhao Sangharsh Samittee.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Suraj Narain Yadav For the Opposite Party/s : Mr. Sahin Begam(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 14-10-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner and several other persons were made accused in this case by the informant, when the petitioner and several other persons made protest on the arrival of the then Chief Minister, State of Bihar.

Petitioner was granted privilege of anticipatory bail by a coordinate bench of this court on 05-02-2013 passed in Cr. Misc. No. 1689 of 2013 but later on, the bail of the petitioner was cancelled on account of suppression of some facts. The petitioner challenged the cancellation order before the Hon'ble Apex Court but the Hon'ble Apex Court dismissed the prayer of the petitioner on the ground of delay as well as on merits, observing that the

Patna High Court Cr.Misc. No.30164 of 2015 (4) dt.14-10-2015 2/2 aforesaid dismissal order shall not cause any prejudice to the concerned court at the time of consideration of bail application, filed on behalf of the petitioner u/S 439 of the Cr. P.C. No doubt, petitioner carries criminal antecedent of several cases but considering the facts and circumstances of the case as well as this aspect of the matter that petitioner himself surrendered in the court below on 14-05-2015 and since then, he is languishing in jail custody, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Khagaria P.S. Case No. 507 of 2012 corresponding to Sessions Case No. 85 of 2013 to the satisfaction of learned Ad hoc Additional Sessions Judge-III, Khagaria.

(Hemant Kumar Srivastava, J) A.K.V./- U T