Timil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9880 of 2020 Arising Out of PS. Case No.-533 Year-2019 Thana- BRAHMPUR District- Buxar ====================================================== TIMIL YADAV, Son of Ramnath Yadav Resident of Village-Chhatanwar, P.S.- Brahmpur (Krishna Brahm), District-Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bachan Jee Ojha For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-02-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Brahmpur (Krishna Brahm) P.S. Case No. 533 of 2019, registered under Sections 399 and 402 of the Indian Penal Code and Section 25(1-B)a, 26 and 35 of the Arms Act. The accusation is that on receiving secret information regarding gathering of 6-7 miscreants at Sighani Dera to commit heinous offence, the informant and other Police personnel reached there. On seeing the Police party, all started fleeing, but on chase, four were apprehended, who disclosed their names Rajesh Kumar, Umesh Yadav, Arun Paswan and Bhikhari Yadav. The apprehended persons also disclosed the name of his two other associates as Timil Yadav

Patna High Court CR. MISC. No.9880 of 2020(2) dt.28-02-2020 2/2 (petitioner) and Kariya Paswan @ Birendra. On search, one loaded country made pistol recovered from the possession of Bhikhari yadav, one loaded country made pistol found from the possession of Umesh Yadav, Rajesh Yadav was also found in possession of one live cartridge, whereas Arun Paswan was found in possession of one cartridge.

Learned counsel for the petitioner submits that petitioner was not apprehended on the spot, rather, his name surfaced in the confessional statement of four co-accused, who are said to be apprehended on the spot. Further submission is that while petitioner is accused in two other cases, as detailed in paragraph No. 3 to the petition, but in both cases he is on bail. The petitioner is in custody since 17.12.2019. Having regard to the facts and the 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 the learned Chief Judicial Magistrate, Buxar in connection with Brahmpur (Krishna Brahm) P.S. Case No. 533 of 2019.

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