Bihari Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7344 of 2017 Arising Out of PS.Case No. -183 Year- 2016 Thana -KHAJEKALA District- PATNA ====================================================== Bihari Yadav, S/o Late Rudal Yadav, Resident of Village- Alampur, Kachchi Pargah, P.S. Didarganj, Dist.- Patna. .... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Raj Bansh Dubey For the Opposite Party/s : Smt. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-03-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner is accused in connection with Khajekalan P.S. Case No. 183 of 2016, registered under Sections 399 and 402 of the Indian Penal Code, Section 25(1-b)a, 26 and 35 of Arms Act and Section 47A, 53A of Bihar Excise Amendment Act.
The accusation is that on receiving secret information about gathering of the miscreants for making plan to commit crime at Lal Mandir near Barkat Khan ka Akhara. Thereafter, Police personnel reached there. On seeing the Police party, three persons started to flee away, out of them two persons were apprehended, who disclosed their names as Ranjan Kumar and Satya Prakash.
The apprehended persons
Patna High Court Cr.Misc. No.7344 of 2017 (2) dt.09-03-2017 2/2 disclosed the name of their associates, who succeeded to flee away as Bihari Yadav (Petitioner) and Santosh Kumar. Thereafter, Police party reached at the house of Santosh Kumar from where one bottle containing 200 ML India made foreign liquor recovered from his possession and three cartridges were found in possession of the petitioner.
Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Further submission is that, in fact, the petitioner is accused in three other cases and due to that reason, the petitioner has falsely been implicated in this case. The petitioner is in custody since 30.07.2016.
Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to 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 Addl. Sessions Judge-V, Patna City, Patna in connection with Khajekalan P.S. Case No. 183 of 2016. (Rajendra Kumar Mishra, J) manish/- U T