Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33442 of 2019 Arising Out of PS. Case No.-144 Year-2014 Thana- NAWADA District- Nawada ====================================================== Deepak Kumar Son of Saukhi Yadav Resident of Village- Jamuawan, P.S.- Nawada (Kadirganj), District- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad, Advocate For the Opposite Party/s :

Mr.Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-07-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in Nawada Town (Kadirganj) P.S. Case No. 144 of 2014, registered for the offences punishable under Sections 147, 148, 149, 323, 337, 338, 307, 333, 216(A), 224, 225, 341, 342, 353, 427, 379 and 504 of the Indian Penal Code and section 27 of the Arms Act. Prosecution case is that police went to apprehend Rajesh Yadav an accused of Nawada (Kadirganj) P.S. Case No. 43 of 2013 and subsequently apprehended him but in the meantime, the mob forcibly got him released, pelted stones and assaulted the police personnel. It is further alleged that Mukesh Yadav, Nitish Yadav, Rajesh Yadav and Nitin Yadav tried to snatch the service revolver of S.I. as a result of which police resorted to firing.

Patna High Court CR. MISC. No.33442 of 2019(4) dt.31-07-2019 2/2 It is submitted on behalf of the petitioner that there is general and omnibus allegation against the petitioner. In fact, during scuffle son of Sadhu Yadav was killed for which Nawada (Town) P.S. Case No. 143 of 2014 was lodged and in order to save their skin, the police lodged the present case. Petitioner has got no criminal antecedent. Similarly situated co-accused namely, Sadhu Yadav and Bhushan Yadav have been granted bail vide order dated 07.05.2015 passed in Cr. Misc. No. 13584 of 2015.

Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged 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, Nawada in connection with Nawada Town (Kadirganj) P.S. Case No. 144 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T