Patna High CourtCR. MISC./30545/2017allowed

Bhim Yadav @ Hari Mohan @ Pahari Ful @ Lulha v. The State Of Bihar

2017-07-11Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.30545 of 2017 (2) dt.11-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30545 of 2017 Arising Out of PS.Case No. -54 Year- 2008 Thana -ROSHANGAANJ District- GAYA ====================================================== BHIM YADAV @ HARI MOHAN @ PAHARI FUL @ LULHA Son of late Kheman Yadav Resident of Village- Menka, P.S. Imamganj, DistrictGaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. S. Jamil Akhtar For the Opposite Party/s : Mr. Sri Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 11-07-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner is in custody since 31.01.2017 in connection with Roshanganj P.S. Case No. 54 of 2008 registered under Sections 147, 148, 149, 436, 427 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. In fact, the petitioner has not been named in the F.I.R. and mere on the basis of statement of witnesses before the police, petitioner has been implicated in this case. Nothing has been recovered from the conscious possession of this petitioner. The petitioner is rotting in custody for the last five months. Moreover,

Patna High Court Cr.Misc. No.30545 of 2017 (2) dt.11-07-2017 Jitendra Singh @ Tigger @ Manjeet, Jayanandan Paswan, Suresh yadav @ Chandan Jee and Yugal Yadav @ Yugesh Jee @ Ashutosh Jee, having more or less similar allegation have already been granted bail by a co-ordinate Bench of this Court in Cr. Misc. No. 14883 of 2012.

Considering the nature of accusation, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand rupees only) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Sherghati, Gaya in connection with Roshanganj P.S. Case No. 54 of 2008.

(Arvind Srivastava, J) Brajesh/- U T