Sanjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32534 of 2016 Arising Out of PS.Case No. -53 Year- 2011 Thana -TANDWA District- AURANGABAD ====================================================== Sanjay Yadav son of Late Birta Yadav, resident of Village- Bel Bigha, Police Station- Mali, District- Aurangabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kamlendra Pd. Singh, Advocate For the Opposite Party/s : Mr. Nand Kishore Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-09-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 147, 148, 149, 353, 307, 427 of the I.P.C. and Section 27 of the Arms Act as well as Section 17 of the C.L.A. Act and Sections 3⁄4 of Damage of Public Property Act. The allegation is that the F.I.R. named accused persons including the petitioner along with 400 unknown extremists have encircled the Police Station and made indiscriminate firing on the police force with an intention to kill them and to loot and also damage the government property.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 6.1.2016 and the charge sheet has been submitted in the present case. There is no allegation of

Patna High Court Cr.Misc. No.32534 of 2016 (3) dt.29-09-2016 tampering of witnesses alleged against the petitioner. Altogether 16 persons are named in the F.I.R. including the petitioner. No specific allegation has been made. General and omnibus allegation has been made against the petitioner.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Judge VI, Aurangabad in connection with Tandwa P.S. case No.53 of 2011 corresponding to S.T. No.154 of 2014/ 151 of 2014.

(Sudhir Singh, J) Narendra/- U T