Patna High CourtCR. MISC./17656/2020allowed

Dashrath Yadav v. The State Of Bihar

2020-06-03Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17656 of 2020 Arising Out of PS. Case No.-12 Year-2020 Thana- MADANPUR District- Aurangabad ====================================================== DASHRATH YADAV S/O Rajdeo Yadav Resident of Village - Badal Bigha, P.S. - Madanpur, District - Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. K.P. Sinha, Sr. Advocate Mr.Bhaskar Shankar, Advocate For the Opposite Party/s :

Mr.Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 03-06-2020 Heard learned counsel for the petitioner and learned learned Additional Public Prosecutor for the State. The petitioner is in custody in connection with Madanpur P.S. Case No. 12 of 2020 for the offenses under Section 399, 402, 386, 387 of the Indian Penal Code, 27(1-b)a, 26 35 Arms Act and Section 17 of Criminal Law Amendment Act.

Mr. K.P.Sinha, learned senior counsel appearing on behalf of the petitioner would submit that allegation against the petitioner is that he was among the 10 persons preparing for committing crime. Nothing incriminating was recovered from the possession of the petitioner. Only a mobile phone was recovered which does not indicate that the petitioner was

Patna High Court CR. MISC. No.17656 of 2020(2) dt.03-06-2020 2/2 involved in commission of crime. The petitioner is in custody since 20.01.2020.

Considering the totality of the facts and circumstances of the case, the Court is inclined to grant bail to the petitioner. Let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad in connection with Madanpur P.S. Case No. 12 of 2020, subject to the condition that on release the petitioner shall render his services as volunteer to combat the pandemic of Covid-19 for a period of two months. He is required to report to the Civil Surgeon/ Nodal Officer, Covid-19, Aurangabad, who shall utilize his services appropriately.

(Anil Kumar Upadhyay, J) spandey/- U T