Patna High CourtCR. MISC./22413/2017bail granted

Mithilesh Yadav v. The State Of Bihar

2017-06-13Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22413 of 2017 Arising Out of PS.Case No. -84 Year- 2016 Thana -KATORIA District- BANKA ====================================================== Mithilesh Yadav S/o Ganesh Yadav, Resident of Village- Chaitabaran, Police Station- Bounsi, District- Banka.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ajay Mukherjee, Advocate For the Opposite Party/s : Mr. Dilip Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 13-06-2017 Heard learned counsel for the petitioner and the State. Petitioner, already in custody, seeks bail in Katoria P.S. Case No.84 of 2016 registered under Sections 25(1-b)a/26/35 of Arms Act.

Allegation in brief is that the police received information that bomb was exploded in the house of Shyam Yadav as a result one person died for that a separate case was lodged. The petitioner was also alleged to be present in the house of Shyam Yadav. The police searched the house of Shyam Yadav and recovered two country made pistols and some bottles of foreign liquor.

Learned counsel appearing on behalf of the petitioner submits that there was panchayat election as the petitioner was

Patna High Court Cr.Misc. No.22413 of 2017 (2) dt.13-06-2017 2/2 supporter of Shyam Yadav. Therefore, he has been falsely implicated in this case. Moreover, neither he was apprehended at the spot nor from his possession either arm or foreign liquor was recovered. Moreover, other co-accused of this case, Munna Kumar and Udesh Kumar have been granted bail by a Co-ordinate Bench of this Court by order dated 1.5.2017 passed in Cr. Misc. No.19661 of 2017 and the case of the petitioner stands on similar footing.

Having considered the said facts and circumstances, the petitioner, namely, Mithilesh Yadav is directed to 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 Additional Chief Judicial Magistrate 1st, Banka in connection with Katoriya P.S. Case No.84 of 2016.

(Arun Kumar, J) N.H./- U T