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Patna High CourtCR. MISC./25586/2019bail granted

Dilip Yadav v. The State Of Bihar

2019-04-25Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25586 of 2019 Arising Out of PS. Case No.-334 Year-2018 Thana- BALIYA District- Begusarai ====================================================== Dilip Yadav Son of Ganu Yadav, Resident of Village- Kasba Diyara, Permanandpur, P.S.- Baliya, Distt.- Begusarai. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Binod Kumar For the Opposite Party/s :

Mr. Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 25-04-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 307/353.34 of the Indian Penal Code and Section 25 (1AA)/25(1-A)/25 (1-B)a/26/27/35 of the Arms Act. Several accused persons had congregated at Hussana Diyara for commission of crime and on a tip off when the informant proceeded along with police force there was shoot out between both the parties. Subsequently, four accused persons named in the F.I.R. were apprehended with arms and ammunitions while petitioner managed to escape. Learned counsel for the petitioner submitted that no

Patna High Court CR. MISC. No.25586 of 2019(2) dt.25-04-2019 2/2 such occurrence as alleged ever took place. The petitioner is quite innocent and has been falsely implicated in this case due to dirty village politics and animosity. No incriminating article has been recovered from the conscious physical possession of the petitioner. The identity of source of information has not been mentioned in the written report. Petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Begusarai in connection with Baliya P.S. Case No. 334 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) Trivedi/- U T