Heeraman Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.3503 of 2017 (2) dt.27-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3503 of 2017 Arising Out of PS.Case No. -11 Year- 2015 Thana -DHIBRA District- AURANGABAD ====================================================== Heeraman Yadav, S/o Balesar Yadav, R/o Village- Barha, P.s.- Chakarbanda Dumaria, District- Gaya.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Singh For the Opposite Party/s : Mr. Smt. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-02-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Dhibra P.S. Case No. 11 of 2015 registered for the offences punishable under Sections 147, 148, 149, 120B, 353, 124(A), 307 of the Indian Penal Code, Section 17 C.L.A. Act, Sections 25(1-B)a, 26/35 of the Arms Act. Allegedly, the petitioner including other FIR named accused as well as 50-60 unknown persons attacked the camp of CRPF and made indiscriminate firing. The informant being Assistant Commandant of CRPF claimed to have identified the petitioner and other FIR named accused persons. Admittedly, neither the petitioner was caught on the spot nor anything was recovered from his conscious possession. The petitioner has criminal antecedent of two cases. Submission is of false implication and that it is not believable that the informant being resident of Pithoragarh (Utrakhand) will identify the petitioner who is resident of district- Gaya, therefore, the

Patna High Court Cr.Misc. No.3503 of 2017 (2) dt.27-02-2017 claim of the informant that he identified the petitioner appears to be doubtful. In this case similarly situated co-accused Surendra Yadav @ Suresh Jee and Krishna Yadav @ Krishna Jee have been allowed bail vide annexure 2 and 2/1 and as such the petitioner also deserves sympathetic consideration.

Learned APP submits that the petitioner has got criminal antecedent.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in connection with Dhibra P.S. Case No. 11 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T