Subodh Yadav @ Subodh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33533 of 2020 Arising Out of PS. Case No.-190 Year-2020 Thana- SAHEBPUR KAMAL DistrictBegusarai ============================================== SUBODH YADAV @ SUBODH KUMAR Son of Chandra Shekhar Yadav Resident of Village - Kurtha, P.S.- Sahebpur Kamal, Distt.- Begusarai. ... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ============================================== Appearance :

For the Petitioner/s :

Mr.Rajkumar Rajesh For the Opposite Party/s :

Mr. APP ============================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 10-03-2021 Heard Mr. Rajkumar Rajesh, learned counsel for the petitioner and learned APP for the State. The petitioner seeks bail in anticipation of his arrest in connection with Sahebpur Kamal P.S. Case No. 190 of 2020 instituted for the offences under Sections 399, 402 of the Indian Penal Code and Section 25(1-b)a, 26 and 35 of the Arms Act.

On secret information that some miscreants have assembled at a place for planning to commit dacoity, a raid was conducted and one Pawan Yadav is said to have been arrested. Pawan Yadav, the arrested accused person, has

Patna High Court CR. MISC. No.33533 of 2020(2) dt.10-03-2021 2/3 disclosed the names of the petitioner and others, who had managed to flee away from the place of raid. A motorcycle also was recovered from the place, where the arrest was made and one country made pistol and two live cartridges were also recovered from the arrested accused persons. Learned counsel for the petitioner has submitted that his implication in this case is only on the basis of the the confession made by one of the arrested accused persons. There is a reason for his false implication. His wife had earlier contested elections and had incurred the wrath of many other candidates. It is precisely for this reason that the petitioner earlier also was made accused in two cases about which, reference has been made in paragraph -3 of the bail petition. In both the case referred to above, the petitioner has been granted bail.

Considering the vague nature of accusation against him, the petitioner, above named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing

Patna High Court CR. MISC. No.33533 of 2020(2) dt.10-03-2021 3/3 bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with Sahebpur Kamal P.S. Case No. 190 of 2020, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure (Ashutosh Kumar, J) sunilkumar/- U T