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Patna High CourtCR. MISC./1315/2018bail granted

Shyam Kumar Yadav @ Shyam Yadav v. The State Of Bihar

2018-01-10Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1315 of 2018 Arising Out of PS.Case No. -43 Year- 2016 Thana -KAMTAUL District- DARBHANGA ======================================================

1. Shyam Kumar Yadav @ Shyam Yadav S/o Bharosi Yadav R/o Village Karba Kamtaul, Distt. Darbhanga.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Devendra Kumar For the Opposite Party/s : Mr. Sri Satyadev Prasad Singh Yadav ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 10-01-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Kamtaul P.S. Case No. 43/2016 registered for the offences punishable under Sections 147/148/149/323/325/307 and 302 of the Indian Penal Code.

Earlier this petitioner had moved this Court in Cr. Misc. No. 35909 of 2017 which was disposed of vide order dated 18.08.2017. However, due to inadvertence Section 302 of the Indian Penal Code was not added in the paragraph No. 1 of the bail petition which gave rise to suspicion in the mind of this Court and this Court had rejected the modification application with liberty to the petitioner to file a fresh application for grant of anticipatory bail. The petitioner now seeks the same relief in the present

Patna High Court Cr.Misc. No.1315 of 2018 (2) dt.10-01-2018 2/2 modification application.

Having heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State and keeping in view the earlier order of this Court as also the fact that no specific role had been assigned to the present petitioner and the First Information Report was against eighteen persons with general and omnibus allegations, let the petitioner in the event of his arrest / surrender within a period of three weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the each amount to the satisfaction of the learned Judicial Magistrate, 1st, Darbhanga in connection with Kamtaul P.S. Case No. 43/2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Anjana Mishra, J) Saif/- U T