Birbal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63949 of 2018 Arising Out of PS. Case No.-164 Year-2018 Thana- GOVINDGANJ District- East Champaran ====================================================== Birbal Yadav, S/o Dhura Yadav, Resident of Village- Barharwa, P.S. Malahi, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar No.III, Adv.

For the Opposite Party/s :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 13-12-2018 The petitioner seeks bail in anticipation of his arrest in connection with Govindganj (Malahi) P.S. Case No. 164 of 2018, dated 18.06.2018, instituted for the offences under Sections 447, 341, 323, 504 and 506 of the I.P.C. and Sections 25(1-b)a, 26 and 35 of the Arms Act. On the information to the mobile police party that one Sudama Yadav has been confined by some accused persons, a raid was conducted. Seeing the police party, the miscreants started fleeing away. However, one Runni Yadav was arrested and from his possession firearms were recovered. Aforesaid Runni Yadav, on being asked by the

Patna High Court Cr.Misc. No.63949 of 2018(2) dt.13-12-2018 2/3 police team, disclosed the name of the petitioner as one of his associates.

The learned counsel for the petitioner has submitted that the only material against the petitioner, therefore, is the confession of a co-accused person, who was arrested by the police. It has further been submitted that earlier the petitioner was made an accused in a case but in the aforesaid case, he has been acquitted. It has also been urged on behalf of the petitioner that prior to the present occurrence, the sister-in-law of the petitioner had filed a case against aforesaid Sudama Yadav, who was alleged to have been kept in confinement. The learned counsel for the petitioner, therefore, submits that the name of the petitioner has deliberately been given at the instance of police and aforesaid Sudama Yadav.

Considering the aforesaid facts, 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

Patna High Court Cr.Misc. No.63949 of 2018(2) dt.13-12-2018 3/3 of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-I, East Champaran in connection with Gobindganj (Malahi) P.S. Case No. 164 of 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

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