Lav Kush Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27340 of 2016 Arising Out of PS.Case No. -20 Year- 2013 Thana -DUMARIA District- GAYA ====================================================== Lav Kush Yadav son of Sita Ram Yadav Resident of village - Kauwal, P.S. Naudiha, District - Gaya.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Kumar Nikhil, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 18-07-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 21.03.2016 in connection with Dumaria P.S. Case No. 20 of 2013 for the alleged offences under Sections 147, 148, 149, 332, 333, 353, 307, 120(B) of the Indian Penal Code, Section 27 of the Arms Act, Sections 10, 11, 13(i), 13(ii) of the U.A.P.Act and Section 17 of the C.L.A. Act.

3. It is submitted that the petitioner has been falsely implicated on mere hearsay. In any event it is extremely improbable that the informant could have heard and recalled the names of as many as 14 persons including the petitioner and that too in course of firing and counter firing. Similarly

Patna High Court Cr.Misc. No.27340 of 2016 (2) dt.18-07-2016 situated co-accused Rekha Yadav @ Rekha Jee has been granted bail by this Court in Cr. Misc. No. 31112 of 2015.

4. Having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned S.D.J.M., Sherghati in connection with Dumaria P.S. Case No. 20 of 2013.

(Vikash Jain, J) Chandran U T