Shambhu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20647 of 2018 Arising Out of PS.Case No. -104 Year- 2011 Thana -ANDER District- SIWAN ======================================================

1. Shambhu Yadav, son of Rama Yadav, resident of Village- Dahabari, P.S. Andar, District- Siwan.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ajay Kumar Tiwary For the Opposite Party/s : Mr. Sri Umeshnand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-04-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Ander P.S.Case No.104 of 2011, registered for offences punishable under Sections 147, 323, 353, 337 and 504 of the Indian Penal Code.

Allegation against the petitioner and a large number of other accused persons is that when the excise personnel raided the house of the petitioner, he started pelting brick-bats, due to which some of them received injuries.

Submission of the learned counsel for the petitioner is that the allegation is false and concocted and no specific allegation has been attributed against him and a large number of accused persons have been made accused in this case.

Patna High Court Cr.Misc. No.20647 of 2018 (2) dt.26-04-2018 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. III, Siwan in connection with Andar P.S.Case No.104 of 2011, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T