Mithu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4813 of 2015 ====================================================== Mithu Yadav, son of Anju Yadav, resident of Ghorhat, P.S.- Bariarpur, District- Munger.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ajit Kumar Singh, Adv. For the Opposite Party/s : Mr. Ambika Bhagat, Spl.Pp ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 05-02-2015 Learned counsel for the petitioner is permitted to make necessary correction in paragraph 3 of the petition. Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State. The petitioner seeks bail in a case registered for the offence punishable under Sections 147, 148, 149, 457, 302 of the Indian Penal Code, 27 of the Arms Act and 3(1)(VIII)(X)(XI)(XV) of SC/ST Prevention of Atrocities Act. Allegation against the petitioner and others is to have dragged the deceased from the house, prior to that coaccused Kochan @ Nilesh Yadav had shot fire in the temporal of the deceased.

It is submitted that the petitioner was only a

Patna High Court Cr.Misc. No.4813 of 2015 (2) dt.05-02-2015 2/3 member of mob. There is no allegation of firing against him. After investigation, charge-sheet has already been submitted and there is no chance of tampering with the evidence. Learned counsel for the State and the informant submit that the petitioner has also criminal antecedent. Considering the facts and circumstances, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Special Judge, SC/ST-cum- Additional District and Sessions Judge, 1st Munger /court concerned in S. T. No. 967 of 2014 (Computer Case No. 1099 of 2014) arising out of Bariarpur P. S. Case No. 94 of 2014 after framing of charge with following conditions:-

1. The petitioner will not indulge himself in similar or any other offence.

2. One of the bailors must be the close relative of the petitioner.

3. The petitioner will be well represented in the Court on each and every date and in case of absence for two consecutive dates or in case of violation of terms of bail,

Patna High Court Cr.Misc. No.4813 of 2015 (2) dt.05-02-2015 3/3 his bail bond would be liable to be cancelled by the learned Court concerned.

(Amaresh Kumar Lal, J) Kanchan/- U T