Patna High CourtCR. MISC./47396/2014bail granted

Manobal Yadav v. The State Of Bihar

2015-01-28Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47396 of 2014 Arising Out of PS.Case No. -47 Year- 2014 Thana -KASIM BAZAR District- MUNGER ====================================================== Manobal Yadav, Son of Sri Jai Kishore Yadav, Resident of Village - Sandalpur, Police Station - Kashim Bazar, District - Munger. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Jai Prakash Singh, Advocate For the Opposite Party/s : Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 4 28-01-2015 Heard learned counsel for the petitioner and learned counsel for the state.

The petitioner seeks bail in connection with Kashim Bazar P.S. Case No. 47 of 2014 registered for the offences punishable under sections 448 and 302 read with 34 of the Indian Penal Code.

The prayer for bail of the petitioner was rejected earlier by this Court on 12th September, 2014 in Cr. Misc. No. 29937 of 2014 on the ground that he had made a false statement on oath.

It has been contended that according to the

Patna High Court Cr.Misc. No.47396 of 2014 (4) dt.28-01-2015 2 / 2 prosecution case, the specific allegation of causing firearm injury on the deceased is against co-accused Chandan Yadav and Nirbhik Yadav. The petitioner is not alleged to have caused any injury to any one. The only allegation against the petitioner in the FIR is that he was a member of an unlawful assembly. Learned counsel for the State does not dispute the factual aspect of the matter.

Having regard to the facts and circumstances of the case, the petitioner, who is in custody since 28.3.2014, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate/Court concerned, Munger in connection with Kashim Bazar P.S. Case No. 47 of 2014.

(Ashwani Kumar Singh, J.) Sanjeet/- U T