Kamlesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36672 of 2020 Arising Out of PS. Case No.-55 Year-2019 Thana- SHERGHATI District- Gaya ====================================================== KAMLESH YADAV, Son of Balchand Yadav, Resident of Village - Godhwadih, P.S.- Dobhi, Distt.- Gaya ... Petitioner

Versus

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

For the Petitioner :

Mr. Gajendra Kumar Singh, Adv.

For the Opposite Party :

Mr. Balmukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 25-06-2021 As prayed for, through video conferencing, let the learned counsel for the petitioner remove the defect(s), as pointed out by the office vide it's note, dated 18.12.2020, within four weeks of starting of the Court proceeding in physical mode properly.

Heard the parties through video conferencing. The petitioner seeks pre-arrest bail in connection with Sherghati (Dobhi) P.S. Case No. 55 of 2019, registered under Sections 147, 148, 149, 341, 323, 337, 338, 332, 333, 353, 307, 120B and 504 of the Indian Penal Code and 27 of the Arms Act. The accusation is that in course of raid one accused apprehended and on his disclosure, informant and other police personnel went at village Karmauni at the house of Manoj Yadav for raid, then, Manoj Yadav called his villagers and started firing from roof towards police personnel, then,

Patna High Court CR. MISC. No.36672 of 2020(2) dt.25-06-2021 2/2 informant told him that they are police personnel had come for search. In the meantime, one Birendra Yadav came from east side and also started firing, then, informant and others had taken shelter in a safe place, but, the villagers started to chase the police personnel and pelted stones. At that time, one person was apprehended, who disclosed his name Pappu Yadav. Fifteen persons, including the petitioner, were identified indulging in pelting stones.

Submission is that the petitioner is the resident of other villager and he has falsely been implicated in this case without any overt act with ulterior motive. The petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of arrest/surrender, within a period of four weeks from today, in connection with Sherghati (Dobhi) P.S. Case No. 55 of 2019 shall be released on bail on 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, Sherghati, Gaya, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code. (Rajendra Kumar Mishra, J) Shamshad/- U T