Indal Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.57842 of 2015 (2) dt.29-01-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57842 of 2015 Arising Out of PS.Case No. -41 Year- 2003 Thana -ALAMNAGAR District- MADHEPURA ====================================================== Indal Yadav Son of Surya Narain yadav Resident of Village-Shekhpur, Chaman, P.s Udakisunganj, District Madhepura. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Dinesh Prasad Verma For the Opposite Party/s : Mr. Ramesh Chandra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 29-01-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Alam Nagar P.S. Case No. 41 of 2003 registered for the offences punishable under Sections 147, 148, 149, 307, 353 of the Indian Penal Code and Section 27 of the Arms Act.

Allegedly, when the informant and other police personnel went at the place of occurrence to arrest veteran criminal Manoj Yadav then the miscreants opened firing upon the police personnel but two of them were arrested who stated their names as Manoj Yadav and Shailendra Yadav and from their possession semi automatic rifle and several live cartridges were recovered and they stated the name of the petitioner.

Patna High Court Cr.Misc. No.57842 of 2015 (2) dt.29-01-2016 Submission is of false implication and that the persons who were caught with firearm have already been allowed bail vide Criminal Misc. No. 25056 of 2004, charge has been framed but no prosecution witness has been examined and the petitioner is suffering in custody since 7.8.2014. Learned A.P.P. submits that this is a case of the year 2003 and the petitioner remained absconding.

In the facts and circumstances stated above, considering the period of detention of the petitioner now he is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned C.J.M., Madhepura in connection with Alam Nagar P.S. Case No. 41 of 2003 subject to the conditions that one of the bailors must be 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 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) siddharth/- U T