Patna High CourtCR. MISC./62378/2018bail granted

Rakesh Kumar Yadav @ Rakesh Kumar @ Fokasiya Yadav @ Gokasiya Yadav @ Fausiya Yadav @ Kakosiya v. The State Of Bihar

2018-10-06Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62378 of 2018 Arising Out of PS.Case No. -606 Year- 2017 Thana -SAMASTIPUR MUFFASIL DistrictSAMASTIPUR ======================================================

1. RAKESH KUMAR YADAV @ RAKESH KUMAR @ FOKASIYA YADAV @ GOKASIYA YADAV @ FAUSIYA YADAV @ KAKOSIYA Son of Shatrughan Yadav, resident of Village- Sakhawa, P.S.- Bithen, District- Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-10-2018 Heard the parties.

The petitioner seeks bail in Samastipur (M) P.S. Case No.606 of 2017 registered for the offence under Section 120(B) of the I.P.C. and Sections 25(1-b)a, 26, 35 of Arms Act. Accusation is that while in course of patrolling duty on receipt of secret information that three persons were found roaming in suspicious condition to execute their plan of criminal activity, as soon as the informant along with other police party came near Sonelal Dhala on seeing them all the three persons tried to flee from there but they were apprehended who disclosed their names as Biittu Kumar, Amarjeet Kumar and Jitendra Kumar who

Patna High Court Cr.Misc. No.62378 of 2018 (2) dt.06-10-2018 2/2 were found in possession of country made pistols and live cartridges. On query they also disclosed the name of the petitioner. Submission on behalf of the petitioner is that the petitioner has not been apprehended at the spot by the informant rather his name has been disclosed by the apprehended three accused persons from whose possession country made pistols and live cartridges were recovered. He is in custody since 24.07.2018 . Sri Manoj Kumar, counsel appearing on behalf of the petitioner further submits that the petitioner is accused in three more cases but he is on bail in those cases.

Heard the learned A.P.P. also who opposed the prayer for bail of the petitioners.

Considering the facts and circumstances of the case, as stated above, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of A.C.J.M. -V, Samastipur, in Samastipur (M) P.S. Case No.606/17.

(Rajendra Kumar Mishra, J) AnilKrSinha/- U