Patna High CourtCR. MISC./1626/2019allowed

Shukar Yadav And ANR v. The State Of Bihar

2019-02-07Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1626 of 2019 Arising Out of PS. Case No.-465 Year-2018 Thana- BANKA District- Banka ======================================================

1. SHUKAR YADAV son of Late Tetu Yadav

2. Putul Yadav son of Bhutto Yadav @ Sargun, both Resident of Ambatikar, P.S. Barahat, Dist - Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajib Ranjan Jha For the Opposite Party/s :

Mr.Sri Braj Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 07-02-2019 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State.

Petitioners are in custody in connection with Banka (Barahat) P.S. Case No. 465 of 2018 for the offence under sections 147, 148, 149, 307, 323 and 337 of the Indian Penal Code and 3/4 of the Explosive Substance Act.

Learned counsel for the petitioners submits that against petitioner no. 2 there is no criminal antecedent whereas petitioner no.1 was made accused by father of the informant in Complaint Case No. C/622/1999 in which he was finally acquitted on 25.10.2013.

Learned counsel submits that in the instant case 11 persons have been made accused. The allegation of overt act is

Patna High Court Cr.Misc. No.1626 of 2019(2) dt.07-02-2019 2/2 against Pintu Yadav and Manoj Yadav and not against these petitioners.

Learned counsel further submits that petitioners are in custody since 10.7.2018.

Considering the totality of the facts and circumstances discussed hereinabove, the Court is inclined to grant bail to the petitioners, let the petitioners, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka, in connection with Banka P.S. Case No. 465 of 2018.

(Anil Kumar Upadhyay, J) Ravi/- U T