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Patna High CourtCR. MISC./24493/2019allowed

Yugeshwar Yadav v. The State Of Bihar

2019-04-16Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24493 of 2019 Arising Out of PS. Case No.-190 Year-2018 Thana- KALUAHI District- Madhubani ====================================================== 1.

Yugeshwar Yadav, son of Late Rohit Yadav, Resident of Village- Jahada (Malmal), P.S.- Kaluahi, District- Madhubani. 2.

Laxman Yadav, Son of Late Jagrup Yadav, Resident of Village- Bijalpura P.S.- Arer, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gagan Deo Yadav For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 16-04-2019 Heard learned counsel for the petitioners and State. The petitioners are in custody in connection with Kaluahi P.S. Case No.190 of 2018 for the offence under Sections 407/34 of the Indian Penal Code, Section 27 of the Arms Act and Section 3⁄4 of the Explosive Substance Act. Learned counsel for the petitioners submits that the petitioners are not named in the F.I.R. and their names surfaced in the confessional statement of co-accused Baleshwar Yadav. Referring to the paragraph 3 of the petition, he submits that petitioner no.1 is also accused in one of the case, but after investigation police submitted final form. The petitioner No.2 has got no criminal antecedent. He further submits that the

Patna High Court CR. MISC. No.24493 of 2019(2) dt.16-04-2019 2/2 petitioners are in custody since 16.01.2019 and they have remained in custody for nearly three months.

Considering the fact that the petitioners were not named in the F.I.R. and their names surfaced in the confessional statement of co-accused, the petitioner, named above, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Madhubani in connection with Kaluahi P.S. Case No.190 of 2018. (Anil Kumar Upadhyay, J) uday/- U T