Kamaldeo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64055 of 2019 Arising Out of PS. Case No.-113 Year-2019 Thana- BARACHATTI District- Gaya ====================================================== KAMALDEO YADAV Son of Arjun Yadav Resident of Village - Gambhariya, P.S.- Barachatti, Distt - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.S. Jamil Akhtar For the Opposite Party/s :

Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-10-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 341, 323, 504, 506, 379 of the Indian Penal Code and 27 of the Arms Act.

Allegation is that the F.I.R. named accused and three unknown miscreants on the gun point took away D.G. track machine of the informnat.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 8.5.2019. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. His name has come as the D.G. track machine is said to have been recovered. The petitioner had no

Patna High Court CR. MISC. No.64055 of 2019(2) dt.23-10-2019 2/2 knowledge that the said machine is stolen property. He has been made accused due to mistake of fact.

On behalf of the State, it is submitted that the petitioner is not 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 learned A.C.J.M., Sherghati, District Gaya in connection with Barachatti P.S. case No.113 of 2019.

(Sudhir Singh, J) Narendra/- U T