Patna High CourtCR. MISC./47330/2017bail granted

Kailash Yadav v. The State Of Bihar

2017-10-06Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47330 of 2017 Arising Out of PS.Case No. -252 Year- 2017 Thana -BARBIGHA District- SEKHPURA ====================================================== Kailash Yadav, Son of Late Musafir Yadav, resident of VillageLakshmipur, P.S. Barbigha, District Sheikhpura. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ------------ 06-10-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Barbigha P.S. Case No.252 of 2017 registered under Sections 353, 147, 504, 506, 447 and 188 of the Indian Penal Code besides Sections 6(i) of the Bihar Public Land Encroachment Act, 1956. The accusation is that the informant alongwith the other police officials on the order of the Officer Incharge, Barbigha, reached at village- Laxmipur and removed the encroachment but some of the encroachment could not be removed from there. In course of removing the encroachment, 12 persons, named in the F.I.R., including the petitioner made protest and created hurdle in

Patna High Court Cr.Misc. No.47330 of 2017 (2) dt.06-10-2017 2/2 discharge of the official duty of the police. Learned counsel appearing on behalf of the petitioner submits that the petitioner is the retired Police Inspector. While he is named in the F.I.R. alongwith 11 other persons but no specific overt act is attributed against him. The petitioner has no criminal antecedent.

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-II, Sheikhpura, in connection with Barbigha P.S. Case No.252 of 2017, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T