Lovish Yadav @ Lovan @ Lowana v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42356 of 2018 Arising Out of PS. Case No.-73 Year-2016 Thana- NATHNAGAR District- Bhagalpur ====================================================== Lovish Yadav @ Lovan @ Lowana, Son of Sri Puran Yadav @ Puro Yadav, Resident of Village Gosaidashpur, P.S. Nathnagar, District Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Diwakar Upadhyaya For the Opposite Party/s :

Mr. Sri Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 13-07-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner, already in custody, seeks bail in connection with Nathnagar P.S. Case No.73 of 2016, giving rise to S.T. No.503 of 2016 registered under Section 307 of the Indian Penal Code as well as under Section 27 of the Arms Act. Allegation in brief is that when the informant was sitting in his shop, some unknown criminal came and shot at the shop breaking glass pan.

Learned counsel for the petitioner submits that the FIR is against unknown and the only evidence against the petitioner transpired during investigation is disclosure of his name by other co-accused in the confessional statement. It is further submitted that though the petitioner has criminal

Patna High Court Cr.Misc. No.42356 of 2018(2) dt.13-07-2018 2/2 antecedent but he has been in custody since 05.05.2016 for more than two years.

Having considered the aforesaid facts and circumstances, petitioner Lovish Yadav @ Lovan @ Lowana is directed to 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 learned 3rd Additional Sessions Judge, Bhagalpur in connection with Nathnagar P.S. Case No.73 of 2016, giving rise to S.T. No.503 of 2016 with following conditions:

(1) One of the bailors must be the close family member of the petitioner.

(2) The petitioner shall remain physically present on each and every date before the trial court and if he absents himself on two consecutive dates without any reasonable cause, his bail bond shall liable to be cancelled.

(Arun Kumar, J) S.KUMAR/- U T