Patna High CourtCR. MISC./33185/2019bail granted

Kamlesh Yadav @ Yadu Yadav @ Jatu Yadav v. The State Of Bihar

2019-05-21Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33185 of 2019 Arising Out of PS. Case No.-365 Year-2018 Thana- GAYA MUFASIL District- Gaya ====================================================== Kamlesh Yadav @ Yadu Yadav @ Jatu Yadav, son of Vineshwar Yadav Resident of Village- Kaiya, P.S.- Muffasil, District- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailesh Kumar For the Opposite Party/s :

Mr.Anita Kumari ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 21-05-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Mufassil P.S. Case No. 365 of 2018 registered for the offence punishable under Sections 356/379 of the Indian Penal Code.

Learned counsel for the petitioner submits that the allegation against the petitioner is an afterthought as though the occurrence took place on 12.09.2018, the F.I.R. has been lodged on 17.10.2018 which clearly shows that his name is being brought in only on suspicion as there was dispute between the informant and the maternal uncle of the present petitioner. It is further submitted that the petitioner has got no criminal antecedent and had merely come to his Nanihal for a shortwhile

Patna High Court CR. MISC. No.33185 of 2019(2) dt.21-05-2019 2/2 when he has been falsely implicated in the present case. It is further submitted that no plausible explanation has been offered for the delay in lodging the F.I.R.

In view of the aforementioned facts and circumstances, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya, in connection with Mufassil P.S. Case No. 365 of 2018, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Anjana Mishra, J) Saif/- U T