Binda Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51349 of 2019 Arising Out of PS. Case No.-261 Year-1996 Thana- BIKRAM District- Patna ====================================================== BINDA YADAV Son of Sahadur Yadav Resident of Village - Mahajanpur, P.S.- Bikram, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Singh For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 19-11-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 147, 148, 149, 341, 323, 452, 380, 436 of the Indian Penal Code, 27 of the Arms Act and 3 and 5 of Explosive Substance Act.

The prosecution case in short is that the accused persons, variously armed, looted the articles of the house and set the house on fire.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 10.3.2019 and has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. The petitioner has falsely been

Patna High Court CR. MISC. No.51349 of 2019(4) dt.19-11-2019 2/2 implicated in the present case. General and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. The petitioner is not named in the F.I.R. The name of the petitioner transpired in course of investigation. More than 100 persons are said to have participated in the alleged occurrence.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, 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 learned A.C.J.M. V, Danapur in connection with Bikram P.S. Case No. 261/96, G.R. No. 1409/1996.

(Sudhir Singh, J) Pankaj/- U T