Kameshwar Yadav @ Kameshar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67187 of 2019 Arising Out of PS. Case No.-147 Year-2019 Thana- JADIA District- Supaul ====================================================== KAMESHWAR YADAV @ KAMESHAR YADAV (M), aged about 35 years, Son of Late Puran Yadav, Resident of Village - Datua, P.S.- Jadiya, Distt.- Supaul.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Madhav Jha, Advocate.

For the Opposite Party :

Mr.Khurshid Anwar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-10-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 341, 279, 504, 506/34 of the IPC, 183, 184, 185 of the Motor Vehicles Act, 25(1-b)a, 27, 35 of the Arms Act and 37(c) of Bihar Prohibition and Excise Act, 2016. The prosecution story, in brief, is that the informant was threatened by accused persons including the petitioner by Katta while he was running through a Motorcycle. Later on, they fell down due to Speed Breaker. One of them fled away and other two were caught by him with help of others and recovered one Katta from Gajendra Yadav and Kameshwar Yadav, Arbind Sardar, KameshYadav also threatened him.

Patna High Court CR. MISC. No.67187 of 2019(2) dt.22-10-2019 2/2 It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 16.08.2019. The petitioner has got no criminal antecedent. The petitioner has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. Arms is said to have been recovered from co-accused Gajendra Yadav. Except for this, there is no substantive evidence to suggest the implication of the petitioner in the present case.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-II-cum-Special Judge, Excise, Supaul, in connection with Jadiya P.S. Case No. 147 of 2019. U.K./- (Sudhir Singh, J) U T