Bimal Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.17089 of 2016 (3) dt.29-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17089 of 2016 Arising Out of PS.Case No. -276 Year- 2014 Thana -AMARPUR District- BANKA ====================================================== Bimal Yadav son of Malku Yadav .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brij Nandad Prasad For the Opposite Party/s Mr. Ram Bachan Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 29.04.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Petitioner seeks bail in a case registered under sections 435, 427 and other allied sections of the Indian Penal Code, section 27 of the Arms Act, section 3/ 4 of the Explosive Substance Act and section 17 CLA Act.

Petitioner is not named in the first information report nor Addl. Sessions Judge IV, Banka has mentioned in the impugned order as to how the name of the petitioner came in this case. Moreover, it has been pleaded at para 8 of the petition that the name of the petitioner came in the confessional statement of coaccused Ashok Tanti and except the aforesaid confessional statement, there is nothing against the petitioner.

No doubt, petitioner carries criminal antecedent of several casus but having more or less similar allegation several co-accused persons have already been granted privilege of bail.

Patna High Court Cr.Misc. No.17089 of 2016 (3) dt.29-04-2016 Accordingly, petitioner is directed to be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of Addl. Sessions Judge IV, Banka in Sessions Trial no. 22/2016 arising out of Amarpur (Fullidumar) P.S. Case no. 276/2014.

shahid (Hemant Kumar Srivastava,J) U T