Surendra Yadav @ Suresh Jee @ Sukesh Jee v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18877 of 2016 Arising Out of PS.Case No. -11 Year- 2015 Thana -DHIBRA District- AURANGABAD ======================================================
1. Surendra Yadav @ Suresh Jee @ Sukesh Jee Son of Bhikhari Yadav Resident of Village- Naso Tola Mayapur Police Station Chattarpur Naudiha Bazaar District Palamu.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kamlendra Pd. Singh For the Opposite Party/s : Mr. Ramesh Chandra (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04-05-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Section 307 and other minor sections of the Indian Penal Code, Sections 25(1-B)a, 26, 35, 27 of the Arms Act and Section 17 of C.L.A. Act.
There is accusation that petitioner including other F.I.R. named accused as well as 50-60 other persons attacked the camp of C.R.P.F. and made indiscriminate firing. The informant being Assistant Commandant of the C.R.P.F. claimed to have identified the petitioner and other F.I.R. named accused persons. Admittedly, neither petitioner was caught on the spot nor anything
Patna High Court Cr.Misc. No.18877 of 2016 (2) dt.04-05-2016 2/2 was recovered from his conscious possession. Petitioner does have criminal antecedent of two cases.
Contention on behalf of the petitioner is that petitioner is resident of District-Palamu, Jharkhand whereas informant is resident of District-Pithoragarh, Uttarakhand and, therefore, the claim of the informant that he had identified the petitioner appears to be doubtful.
Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad in connection with Dhibra P.S. Case No. 11 of 2015.
(Hemant Kumar Srivastava, J) SHAHZAD/- U T