Amit Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58175 of 2018 Arising Out of PS.Case No. -397 Year- 2018 Thana -NARPATGANJ District- ARRARIA ======================================================

1. Amit Yadav, Son of Bishundeo Yadav, Resident of Village- Palasi, Ward No. 6, P.S. Narpatganj District- Araria. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mrigendra Kumar For the Opposite Party/s : Mr. Sri Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 06-10-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Narpatganj P.S. Case No.397 of 2018 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 353, 307, 188, 283, 290, 435, 379/511 of the Indian Penal Code. It is alleged that the petitioner was identified in the mob of 200 people while slogans were being raised against police administration.

It has been submitted that this petitioner has been falsely implicated in this case due to village politics. No specific allegation is there against the petitioner. The other co-accused persons have been allowed bail in Cr.Misc.No.57137 of 2018 and Cr.Misc.No.57478 of 2018 by one of the coordinate bench of this

Patna High Court Cr.Misc. No.58175 of 2018 (2) dt.06-10-2018 court. The case of this petitioner stands on similar footing. He is in custody since 02.07.2018 having clean antecedent and so he deserves bail.

The learned A.P.P. for the State opposed the submission.

Considering the facts and circumstances of the case, the prayer of bail is allowed. The petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of the learned Chief Judicial Magistrate, Araria in connection with Narpatganj P.S. Case No.397 of 2018, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) If the petitioner is found involved in future in similar type of allegation, the prosecution will have liberty to move for cancellation of bail. (iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail. (Sanjay Kumar, J) Harish/- U