Yunush Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29558 of 2015 Arising Out of PS.Case No. -151 Year- 2013 Thana -VIJAYPUR District- GOPALGANJ ====================================================== Yunush Mian, Son of Late Khedan Mian, Resident of Village : Mushehari, P.S. : Vijaypur, District : Gopalganj.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ghulam Rabbani, Advocate For the Opposite Party/s : Mr. Ajay Kumar-1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 13-08-2015 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is in custody since 16.05.2015 in a case registered for the offence punishable under Sections 147, 148, 149, 323, 333, 307, 337, 338, 353, 427, 379 and 109 of the Indian Penal Code.

The allegation is that 56 named and 150 unknown persons forming unlawful assembly raised protest against blackmarketing of grain by the P.D.S. dealer. It is submitted that the there is no specific allegation of overt act against the petitioner. He is only the named accused. The co-accused Jitendra Paswan was leading the unlawful assembly, who has been granted bail vide Cr. Misc. No.29134 of 2014 and

Patna High Court Cr.Misc. No.29558 of 2015 (2) dt.13-08-2015 2/2 the case of the petitioner is on similar footing. Considering the facts and circumstances of the case, let the above-named petitioner be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Gopalganj in Vijaypur P.S. Case No.151 of 2013 with the following conditions :

1.

One of the bailors will be the close relative of the petitioner.

2.

The petitioner will not indulge in similar or in any other offence.

3.

The petitioner will be well represented in the court.

4.

In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned.

(Amaresh Kumar Lal, J) V.K. Pandey/- U T