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Patna High CourtCR. MISC./16843/2019allowed

Mahesh Yadav v. The State Of Bihar

2019-03-26Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16843 of 2019 Arising Out of PS. Case No.-32 Year-2008 Thana- DHARHARA District- Munger ====================================================== MAHESH YADAV Son of Late Govind Prasad Yadav Resident of Village - Jatkutia, P.S.- Dharhra, District - Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhola Kumar For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 26-03-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Dharahara P. S. Case No. 32 of 2008 instituted for the offence under Section(s) 147, 148, 149, 323, 302 and 201 of the Indian Penal Code and Section 17 of C.L. A Act.

Learned counsel for petitioner submits that petitioner is not named in the written report.

In the written report it is alleged that 20-21 unknown persons came on seven motorcycles and dragged the father of the informant near the door of Fudan Yadav and committed his murder by slitting his neck.

Learned counsel for petitioner submits that name of this petitioner has come during investigation merely on

Patna High Court CR. MISC. No.16843 of 2019(2) dt.26-03-2019 2/2 suspicion that he is also member of Maoist group. The learned Sessions Judge has mentioned in the impugned order that the name of this petitioner has come in the confessional statement of some of the co- accused.

The petitioner is in custody since 11.7.2018. Considering the aforesaid, let the petitioner, above named, 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 the Addl. Sessions Judge-IV, Munger , in connection with Dharhara P. S. Case No. 32 of 2008, Sessions case no. 25 of 2019 subject to the condition that both the bailors shall be the close relative of the petitioner. (Sanjay Priya, J) shyambihari/- U T