Ashok Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15703 of 2015 Arising Out of PS.Case No. -196 Year- 2013 Thana -ALAMNAGAR District- MADHEPURA ====================================================== Ashok Yadav son of Janardan Yadav resident of village - Narayanpur, P.S. - Bihpur, District - Bhagalpur.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Amrendra Kumar, Advocate For the Opposite Party: Mr. Dasrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-06-2015 Learned counsel for the petitioner is permitted to make necessary corrections in paragraph 1 of the present application. The petitioner is languishing in custody since 04.01.2014 in connection with Alamnagar P.S. Case No. 196 of 2013 for the offences instituted under Sections 399 and 402 of the Indian Penal Code.

Heard learned counsel for the petitioner and learned counsel for the State.

The prosecution story, in brief, is that on 29.12.2013 the informant received secret information that under Ratwara O.P., Dhurwa Yadav Gang was sitting and making preparation to commit dacoity, kidnapping and murder in Muraut Diyara. On the said information, the informant along with other police officers reached at the spot and raid was made and saw 5-6 persons were

Patna High Court Cr.Misc. No.15703 of 2015 (2) dt.08-06-2015 2/2 sitting. On seeing the police party, they started to flee away but three of them were apprehended by the police. It has been submitted on behalf of the petitioner that in respect of the same occurrence, two different first information reports were instituted - one was relating to Section 399 of the Indian Penal Code and other was in respect of the Arms Act. It has further been submitted that the petitioner has already been granted bail in other case which was instituted for an offence under Arms Act. Further it has been submitted that except for these cases, petitioner has no criminal antecedent and the petitioner is in custody since 04.01.2014.

It has been submitted on behalf of the State that the petitioner is named in the first information report. Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Uda Kishunganj at Madhepura in connection with Alamnagar P.S. Case No. 196 of 2013.

(Sudhir Singh, J) B.T/- U T