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Patna High CourtCR. MISC./79459/2018allowed

Dharmendra Yadav @ Joker v. The State Of Bihar

2019-01-22Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79459 of 2018 Arising Out of PS. Case No.-91 Year-2011 Thana- KUTUMBA District- Aurangabad ====================================================== Dharmendra Yadav @ Joker S/o Kameswar Yadav R/o village Bel Bigha, P.S.Mali, District Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Singh For the Opposite Party/s :

Smt Sangeeta Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-01-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Kutumba P.S. Case No. 91 of 2011 registered for the offence punishable under Sections 144 and 436 of the Indian Penal Code and Section 17 of the CLA Act.

The allegation is regarding unknown extremists having set the Airtel Tower No. 4, Kutumba on fire causing damage to the devices.

The learned counsel for the petitioner submits that the petitioner has got no concern with the MCC outfit and has falsely been implicated in the present case. Though two cases are pending against the petitioner but the same are very old cases and the petitioner is on bail in the said two cases. It is

Patna High Court Cr.Misc. No.79459 of 2018(2) dt.22-01-2019 2/2 further submitted that when the petitioner was in custody in connection with the said two cases, he was not remanded in the present case and only recently when he was again taken into custody in connection with some other case, the petitioner has been remanded in the present case, resulting in him approaching this Court by way of the present petition. It is further submitted that similarly situated co-accused person has been granted anticipatory bail by this Court by order dated 11.01.2019 passed in Criminal Misc. No. 78797 of 2018.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Kutumba P.S. Case No. 91 of 2011. (Mohit Kumar Shah, J) S.Sb/- U T