Bholu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1111 of 2019 Arising Out of PS. Case No.-78 Year-2018 Thana- KHUSRUPUR District- Patna ====================================================== Bholu Yadav Son of Vijendra Singh @ Buddhan Yadav R/o villageManjhauli Bigha P.S.- Salempur, Sub-Division- Patna City, District- Patna. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Rajesh Kumar For the Opposite Party/s :

Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 15-03-2019 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 14.04.2018 in connection with Khusrupur P.S. Case No. 78 of 2018 registered for the offences punishable under Sections 399, 402, 414 of the Indian Penal Code, 25(1-b)a, 26, 35 of the Arms Act and Sections 20, 22 of N.D.P.S. Act.

The prosecution claims that in midnight while petitioner and others had assembled on a four-lane road to make preparation for committing dacoity, petitioner and four others were apprehended and one country made katta, two live cartridges, one gold chain and looted mobile were recovered from possession of the petitioner whereas 500 gm. charas and

Patna High Court CR. MISC. No.1111 of 2019(3) dt.15-03-2019 2/2 other articles were recovered from possession of other apprehended co-accused persons.

Submission on behalf of the petitioner is that petitioner has been implicated in this case because previously he was made accused in some cases and that is the reason police to satisfy his lust got implicated the petitioner in the present crime though petitioner was never arrested from the so-called place of occurrence rather he was picked up by the police from his house.

No doubt, petitioner does have criminal antecedent of near about six cases but in the present case, he is in jail custody for more than ten months.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Judge 3rd cum Special Judge, C.B.I.-II, Patna/concerned court in connection with Khusrupur P.S. Case No. 78 of 2018.

(Hemant Kumar Srivastava, J) shahzad/- U T