← Library
Patna High CourtCR. MISC./17815/2019bail granted

Gautam Yadav @ Gautam Kumar Yadav v. The State Of Bihar

2019-03-28Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17815 of 2019 Arising Out of PS. Case No.-319 Year-2018 Thana- DHARHARA District- Munger ====================================================== Gautam Yadav @ Gautam Kumar Yadav, aged about 25 years, Sex-Male, Son of Prakash Yadav, R/o village- Matadih, P.S.- Dharhara, District- Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandan Kumar Verma, Adv.

For the Opposite Party/s :

Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 28-03-2019 The petitioner seeks bail in anticipation of his arrest in connection with Dharhara P.S. Case No. 319 of 2018, dated 18.11.2018, instituted for the offences under Sections 341, 323, 307, 379, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

The petitioner and others are said to have accosted the informant, divested him of his personal belongings and also assaulted him.

Patna High Court CR. MISC. No.17815 of 2019(2) dt.28-03-2019 2/3 The learned counsel for the petitioner has submitted that the allegation, on face of it, appears to be absurd inasmuch as the informant is not expected to move around with Rs. 30,000/-, which is said to have been taken away by the accused persons. The injuries suffered by the informant are stated to be simple in nature. The reason for falsely implicating the petitioner in the instant case is that he is the neighbour of one Dinesh Yadav, whose son is a friend of the informant and the petitioner had, in the past, been opposing the illegal activitities of aforesaid Dinesh Yadav. The petitioner does not have any criminal antecedents.

Considering the facts aforestated, the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks from the date of receipt/production of a copy of the present order, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Munger, in

Patna High Court CR. MISC. No.17815 of 2019(2) dt.28-03-2019 3/3 connection with Dharahara P.S. Case No. 319 of 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J) Praveen-II/- U T