Umesh Yadav @ Uma Shankar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7083 of 2016 Arising Out of PS.Case No. -276 Year- 2014 Thana -AMARPUR District- BANKA ======================================================

1. Umesh Yadav @ Uma Shankar Yadav Son of Sri Dr. Karu Yadav @ Krityanand Yadav, resident of Village- Mothabari, P.S.- Katoriya, DistrictBanka. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vibhakar Kumar For the Opposite Party/s : Mr. T.N.Thakur (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 22-06-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offences punishable under sections 147, 148, 149, 435 and 427 of the I.P.C Allegedly, 20-25 unknown miscreants burnt B.T.S. of Voda Tower and D.G. Engine was also burnt. During investigation the petitioner was remanded in this case from Amarpur (Fullidumar) P.S. Case No. 254 of 2015.

Submission is of false implication and that there is no legal and tangible material besides confession, there is nothing against the petitioner and as such the petitioner deserves sympathetic consideration, charge sheet has already been

Patna High Court Cr.Misc. No.7083 of 2016 (5) dt.22-06-2016 2/2 submitted and there is no chance of tampering with the prosecution evidence.

The learned A.P.P. submits that wrong statement has been given in paragraph-3 of the bail application. In reply it is submitted that this is a case of the year 2014 and before that the petitioner was not involved in any case and he has been remanded in this case from Amarpur (Fullidumar) P.S. Case No. 254 of 2015 which was instituted later on.

In the facts and circumstances as stated above, the petitioner 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 C.J.M. Banka in Amarpur (Fullidumar) P.S. Case No. 276 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Abhay/- U T