Mritunjay Yadav @ Mrityunjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9978 of 2020 Arising Out of PS. Case No.-905 Year-2019 Thana- BANKA District- Banka ====================================================== MRITUNJAY YADAV @ MRITYUNJAY YADAV, aged about 24 years, Male, S/o Sikendra Yadav, R/o village- Laskari, P.S.- Banka, District- Banka ... Petitioner

Versus

THE STATE OF BIHAR ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Dhananjay Kumar Pandey, Adv.

For the Opposite Party :

Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-02-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks bail in connection with Banka P.S. Case No. 905 of 2019, registered under Sections 147, 149, 323 and 307 of the Indian Penal Code and 3 and 4 of the Explosive Substances Act.

The accusation is that in the night of 18/19.12.2019, 11 persons, named in the first information report, including the petitioner, and 10 to 15 unknown, having bomb, pistol, lathi and stick in their hands, came at Dharam Kanta, situated at Shankarpur, where the informant, Bhawanr Singh, was present as In-charge of Dharam Kanta, all started to abuse. Out of 11 persons, Sharad Yadav, Mritunjay Yadav (petitioner), Nawal Kishore Yadav and Dablu Yadav had bombs in their hands threw the bombs on the roof, Bhudev Yadav and Kanhaiya Yadav had

Patna High Court CR. MISC. No.9978 of 2020(2) dt.27-02-2020 2/2 pistols in their hands and rest were having lathi in their hands. Seeing the aforesaid persons, the informant entered in the room, but, at that time his two associates Sunil Pandey and Gopal Singh sustained injuries.

Submission is that the petitioner has no criminal antecedent and has falsely been implicated in this case. More over, the injuries on two injured are all simple in nature caused by hard and blunt substance. The petitioner is in custody since 20.12.2019.

Having regard to the facts and circumstances of the case, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Banka P.S. Case No. 905 of 2019 to the satisfaction of the Chief Judicial Magistrate, Banka.

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