Ram Sharan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45643 of 2016 Arising Out of PS.Case No. -318 Year- 2015 Thana -GIRIYAK District- NALANDA (BIHARSHARIFF) ====================================================== Ram Sharan Yadav, son of Late Mangal Yadav, Resident of VillageGiriyak, P.S.- Giriyak, District- Nalanda. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Bindhyachal Singh, Mr. Niranjan Kumar, Advocates For the State : Mr. Arun Kumar Singh -5, A.P.P. ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 26-10-2016 Heard learned counsel for the petitioner and the State.
The petitioner seeks bail in a case registered under Sections 147, 148, 149, 323, 324, 307, 224, 225, 353, 333, 337, 504, 506 and 379/511 of the Indian Penal Code. As per allegation, when the police party went to execute the warrant of arrest against the petitioner it was resisted and people of the locality assembled and started brickbatting etc. and ensured that petitioner is freed from the custody of the police.
It is contended on behalf of the petitioner that he did not instigate the people of the locality rather they assembled at
Patna High Court Cr.Misc. No.45643 of 2016 (2) dt.26-10-2016 2 / 3 their own. It is further contended that petitioner is a social worker and due to that reasons, several cases have been instituted against him. He has remained in custody since 07.09.2016.
Having regard to the facts and the circumstances of the case, the above named petitioner is directed to be released on bail after completion of three months in his judicial custody on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nalanda at Biharsharif in connection with Giriyak P.S. Case No.318 of 2015.
That apart, in view of the antecedents of the petitioner and since it is being stated that the petitioner has been acquitted in nine criminal cases and in other cases, he is already on bail, he would be required to appear before the Superintendent of Police, Nalanda at Biharsharif within fifteen days of his release with a copy of this order and every two weeks thereafter for the next six months. The conduct of the petitioner will be kept under watch in the aforesaid period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court
Patna High Court Cr.Misc. No.45643 of 2016 (2) dt.26-10-2016 3 / 3 concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned which should be granted by the Superintendent of Police upon his appearance. (Dr. Ravi Ranjan, J) Sanjay-II/- U T