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Patna High CourtCR. MISC./22559/2020allowed

Mouli Yadav v. The State Of Bihar

2020-09-01Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 22559 of 2020 Arising Out of PS. Case No.216 Year-2018 Thana- Athmalgola District-Patna ====================================================== Mouli Yadav, aged about 30 years Male Son of Awadhesh Yadsav, Resident of Village- Chanda, P.S.- Athmalgola, District Patna ... ... Petitioner

Versus

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

For the Petitioner : Mr. Arun, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 2 01.09-2020 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Athmalgola P.S. Case No. 216 of 2018 for the offences under Sections 147, 148, 341, 323, 379, 307, 504, 506, 337, 338 and 427 of the Indian Penal Code and Section 27 of the Arms Act. Learned counsel for the petitioner submits that the petitioner has no criminal antecedent. Learned counsel submits that from perusal of the FIR it appears that the allegation of firing is against co-accused Nitish Kumar.

The allegation against the petitioner is that he is only member of the mob and there is no material to connect the petitioner in the commission of crime. There is no allegation of specific overt act alleged against him. Petitioner is in custody since 16.01.2020.

act against him, the Court is inclined to grant bail to him. The petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Barh in connection with Athmalgola P.S. Case No. 216 of 2018. (Anil Kumar Upadhyay, J) BT/- U T