Patna High CourtCR. MISC./19661/2017bail granted

Munna Kumar @ Munna Yadav And ANR v. The State Of Bihar

2017-05-01Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19661 of 2017 Arising Out of PS.Case No. -84 Year- 2016 Thana -KATORIA District- BANKA ======================================================

1. Munna Kumar @ Munna Yadav, Son of Shivlal Yadav.

2. Udesh Yadav @ Udeshwar Yadav, son of Kartik Yadav, Both are residents of Village Chaita Baran, P.S.-Bounsi, District - Banka. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Nurul Hoda, Advocate. For the Opposite Party/s : Mr. Chandrasen Prasad Singh, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-05-2017 Heard both sides.

The petitioners seek bail in Katoria P.S. Case No. 84 of 2016 registered under Sections 25(1-b)a, 23 and 35 of the Arms Act and Section 57 of Bihar Prohibition and Excise Act, 2016. The informant disclosed that one bomb was exploded in the village Rikhiya Rajdah. During the course of search, it is transpired that one Mantu Paswan was killed in explosion of the bomb. The father of Mantu Paswan disclosed that Shyam Yadav and the petitioners took Mantu Paswan to participate in an election rally. Shyam Yadav disclosed that while Mantu Paswan was carrying the bomb in his hand, the bomb got exploded causing death of Mantu Paswan. Thereafter, the informant searched the house of Shyam Yadav and recovered

Patna High Court Cr.Misc. No.19661 of 2017 (2) dt.01-05-2017 2/2 arms and ammunitions along with country made liquor from the house of Shyam Yadav. For this, two cases were lodged. One case was registered under different sections of the Arms Act which is present one and another case was registered under Section 302 of the Indian Penal Code.

Learned counsel for the petitioners submits that nothing has been recovered from the possession of the petitioners and there is no material to show that the petitioners took Mantu Paswan to participate in the rally and caused his death. Considering the facts aforesaid, the above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-IV, Banka in connection with Katoria P.S. Case No. 84 of 2016.

(Prabhat Kumar Jha, J) Mishra/- U T