Patna High CourtCR. MISC./13153/2020bail granted

Manoj Kumar @ Manoj Yadav v. The State Of Bihar

2020-06-10Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13153 of 2020 Arising Out of PS. Case No.-55 Year-2019 Thana- SHERGHATI District- Gaya ====================================================== Manoj Kumar @ Manoj Yadav Son of Komal Yadav Resident of VillageKarmauni, Police Station-Dobhi, District-Gaya. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No 2, Adv.

For the Opposite Party/s :

Mr. Umeshanand Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 10-06-2020 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State through video conferencing.

Petitioner seeks bail in a case registered for the offences punishable under Section 307 and other allied sections of the Indian Penal Code and 27 of the Arms Act. Petitioner is in jail custody since 03.12.2019 on the accusation that when police went to raid the house of the petitioner, he instigated the villagers who attacked on the police party and in that course made firing. Furthermore, it is alleged that one empty cartridge and Mahua liquor were recovered from the house of the petitioner. Admittedly, for recovery of liquor, separate case i.e. Sherghati P.S. Case No. 54 of 2019 has been

Patna High Court CR. MISC. No.13153 of 2020(2) dt.10-06-2020 2/2 instituted.

Learned counsel of the petitioner submits that petitioner is local social activist and as a matter of fact, police instituted two false cases against him levelling allegation that he instigated local people as a result whereof, communal harmony was disturbed. He further submits that only one case was lodged against the petitioner by his Gotiya.

Considering the aforesaid facts and circumstances as well as period of detention of the petitioner in jail custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Sherghati, Gaya in connection with Sherghati (Dobhi) P.S. Case No. 55 of 2019.

(Hemant Kumar Srivastava, J) shahzad/- U T