Badri Yadav @ Badra Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.42535 of 2015 (3) dt.05-11-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42535 of 2015 Arising Out of PS.Case No. -51 Year- 2015 Thana -KHARIK District- BHAGALPUR ====================================================== Badri Yadav @ Badra Yadav S/o Late Chitai Yadav Resident of Village Tulsipur, Police Station Kharik, District Bhagalpur. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Brajesh Kumar Singh, Advocate For the Opposite Party : Mr. U.L.Verma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 05-11-2015 Heard the counsel for the petitioner and counsel for the State.

The petitioner is languishing in jail since 02.07.2015 in a case instituted under Sections 147, 148, 149, 447, 323, 324, 325, 386, 387, 307, 379, 120(B), 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

As per prosecution case, it is a case of rangdari and assault upon the informant as also snatching Rs.27,000/- and a mobile of the informant by the accused persons. It has been submitted on behalf of the petitioner that the petitioner is in custody since 24.03.2015. Chargesheet has been submitted in the case. There is no allegation of tampering of evidence against the petitioner. As per the prosecution case, there

Patna High Court Cr.Misc. No.42535 of 2015 (3) dt.05-11-2015 is general and omnibus allegation has been made against the petitioner. From perusal of para-144 of the case diary, it would appear that number of times the injury report was called for by the investigating officer but the same has not been submitted, hence it could not be ascertained whether the informant had sustained any injury or not in course of occurrence.

On behalf of the State, it has been submitted that the petitioner is named in the FIR.

Considering the aforesaid facts and circumstances, let the above named petitioner 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 learned ACJM, Naugachia in connection with Kharik P.S.Case No.51 of 2015. (Sudhir Singh, J) B.Kr./- U T