Patna High CourtCR. MISC./24456/2017bail granted

Nand Kishore Yadav @ Chhotu Yadav v. The State Of Bihar

2017-05-22Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24456 of 2017 Arising Out of PS.Case No. -117 Year- 2011 Thana -BARACHATTI District- GAYA ====================================================== Nand Kishore Yadav @ Chhotu Yadav, Son of Chand Yadav @ Chando Yadav, Resident of Village - Garwaiya, P.S.-Barachatti, Dist-Gaya. .... .... Petitioner.

Versus

The State of Bihar .... .... Opposite Party.

====================================================== Appearance:

For the Petitioner/s : Mr. S. Jamil Akhtar, Advocate. For the Opposite Party/s : Mr. Tarun Prasad Mandal, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 22-05-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Barachatti P.S. Case No. 117 of 2011 registered under Sections 147, 148, 149, 452, 307, 436, 427, 342 and 380 of the Indian Penal Code, Section 17 of the C.L.A. Act, Sections 3 & 4 of the Explosive Substance Act and Sections 16, 18, 19 and 20 of the U.A.P. Act.

As per the prosecution case, the petitioner happens to be the member of the extremist organization. He is said to have torched the house of the informant and looted his belongings along with other accused persons.

It is submitted by learned counsel for the petitioner that the allegation levelled against the petitioner is not specific

Patna High Court Cr.Misc. No.24456 of 2017 (2) dt.22-05-2017 2/2 rather general and omnibus in nature. No incriminating article has been recovered from the possession of the petitioner. The petitioner is languishing in custody since 16.02.2017. It is further submitted that other co-accused persons have already been enlarged on bail by this court. The case of the petitioner stands on similar footing.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged 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 Sub-Divisional Judicial Magistrate, Sherghati, Gaya in connection with Barachatti P.S. Case No. 117 of 2011.

(Prakash Chandra Jaiswal, J) Mishra/- U T