Munna Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9171 of 2015 Arising Out of PS.Case No. -146 Year- 2012 Thana -MANSI District- KHAGARIA ====================================================== Munna Yadav .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ravi Shanker Pankaj, Advocate. For the Opposite Party : Mr. Satyendra Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-03-2015 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 18.07.2014 in a case registered for the offences punishable under Sections 147, 148, 149, 307, 302 of the Indian Penal Code and 27 of the Arms Act.

It is alleged that there was a cross-firing in which the brother of the informant Sudhir Kapar and one Neeraj Yadav succumbed to injuries. The specific accusation of firing on the brother of the informant is against Dharo Yadav and Ajay Yadav and there is omnibus and general accusation of firing against all the accused persons including the petitioner. Considering the omnibus and general accusation, several persons have been granted bail

Patna High Court Cr.Misc. No.9171 of 2015 (2) dt.13-03-2015 2 / 3 by this Court vide Cr. Misc. Nos. 1049 of 2013, 42356 of 2013 and 45337 of 2012. Considering the same, the petitioner was also granted bail by the learned Incharge Sessions Judge, Khagaria, vide order dated 06.09.2014, passed in B.A. No. 743 of 2014 but subsequently, the petitioner could not be released as he could not disclose the fact that he is an accused in three other cases. A petition vide Cr. Misc. No. 02 of 2015 was filed by the petitioner for modification of the order dated 06.09.2014, passed in B.A. No. 743 of 2014, but the same was rejected by the learned Ist Additional Sessions Judge, Khagaria, vide order dated 22.01.2015.

Considering the fact that the accusation is omnibus and general against the petitioner though specific accusation of firing is against Dharo Yadav Ajay Yadav and petitioner were granted bail on merits by this Court, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge, Khagaria, in connection with Sessions Trial No. 414 of 2014, arising out of Mansi P.S. Case No. 146 of 2012.

Patna High Court Cr.Misc. No.9171 of 2015 (2) dt.13-03-2015 3 / 3 bail bond of the petitioner if he defaults for two consecutive occasions.

U.K./- (Dinesh Kumar Singh, J) U T