Shivnandan Yadav @ Jhamali Yadav @ Chamali Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39211 of 2020 Arising Out of PS. Case No.-59 Year-2018 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== SHIVNANDAN YADAV @ JHAMALI YADAV @ CHAMALI YADAV Son of Mahendra Yadav Resident of Village- Navtoliya, P.S.- Sadar, DistrictDarbhanga. ... ... Petitioner/s
Versus
The State of Bihar Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Baidya Nath Prasad For the Opposite Party/s :
Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 01-06-2021 Heard Mr. Baidya Nath Prasad, learned counsel for the petitioner and Mr. Nawal Kishore Prasad, learned APP for the State.
The petitioner seeks bail in anticipation of his arrest in connection with L.N.M.U. P.S. Case No. 59 of 2018 instituted for the offences under Sections 147, 148, 149, 188, 336, 352, 353, 431, 504 and 506 of the Indian Penal Code.
The subject F.I.R. has been lodged by the concerned S.H.O. alleging that many persons had arrived at the time of investigation and prevented the
Patna High Court CR. MISC. No.39211 of 2020(2) dt.01-06-2021 2/3 police party from proceeding with the investigation. Learned counsel for the petitioner has submitted that several persons have been made accused in this case but there is no specific accusation against anyone of them, much less the petitioner. The petitioner is sought to be prosecuted in this case on the assumption that he and Chameli Yadav are one and the same person which the petitioner denies. It has further been submitted that the petitioner is a mechanic by profession and has unnecessarily and wrongly been made accused in this case.
Regard being had to the fact that there is no specific accusation against the petitioner as well as the nature of accusation, he 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 bail bonds of Rs. 10,000/- (Rs. Ten Thousand) each with two sureties of like amount to the
Patna High Court CR. MISC. No.39211 of 2020(2) dt.01-06-2021 3/3 satisfaction of learned Chief Judicial Magistrate, Darbhanga, in connection with L.N.M.U. P.S. Case No. 59 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure. (Ashutosh Kumar, J) sunilkumar/- U T