Prem Yadav @ Prema Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39375 of 2015 Arising Out of PS.Case No. -59 Year- 2010 Thana -JHAJHA District- JAMUI ======================================================
1. Prem Yadav @ Prema Yadav, son of Mohan Yadav, resident of villageManikthan, P.S.- Jhajha, District- Jamui. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Sinha For the Opposite Party/s : Mr. Manoj Kumar 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 13-10-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner is in custody in a case registered under Sections 147, 148, 149, 341, 323, 324, 307 and 302 of the Indian Penal Code, Section 17 of C.L.A Act and Sections 15,16,20 and 23 of U.A.P.Act.
The allegation against the petitioner is of forming unlawful assembly with 20-25 extremists who not only assaulted the husband and the younger son of the informant but also chopped of the head of the elder son of the informant, namely, Arun Yadav.
It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. He is in custody
Patna High Court Cr.Misc. No.39375 of 2015 (3) dt.13-10-2015 2/2 since 13.7.2015. Charge sheet has been submitted in this case. There is no allegation of tampering with the evidence against the petitioner. The petitioner is named in the FIR but no specific allegation has been made against the petitioner. It is further submitted that later on final form has been submitted against the petitioner, vide Annexure 2 to the petition. Other co-accused has been granted bail, vide order dated 16.02.2012 passed in Cr. Misc. No. 40988 of 2011.
On behalf of the State, it has been submitted that the petitioner is named in the FIR.
Considering the facts aforesaid, let above named petitioner 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 learned Sessions Judge, Jamui in Jhajha P.S.Case No.59 of 2010.
(Sudhir Singh, J) singh/- U T