Patna High CourtCR. MISC./64849/2018bail granted

Bhagwan Yadav v. The State Of Bihar

2018-11-02Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64849 of 2018 Arising Out of PS.Case No. -176 Year- 2017 Thana -MANIHARI District- KATIHAR ======================================================

1. Bhagwan Yadav, S/o Yogendra Yadav, R/o Mohna Chandpur, P.S.- Barari (Semapur), Distt- Katihar.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr.S.K.Singh For the Opposite Party/s : Mr.A.K.Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-11-2018 Heard the parties.

Petitioner seeks bail in Manihari P.S. Case No. 176/17 registered for the offence under Sections 307, 353, 147, 148, 149 of the Indian Penal Code and Section 27 of the Arms Act. Allegation as per the F.I.R. is that on 02.06.2017 at 11.00 A.M. the informant received a secret information that one extremist Mohan Thakur along with his gang was roaming for looting crops of the farmers in Kamalpur Diyara and as soon as he reached there on seeing them all the miscreants started firing upon them and police chased but Mohan Thakur along with his gang succeeded in fleeing. There is recovery of empty cartridges from the place of occurrence.

Patna High Court Cr.Misc. No.64849 of 2018 (2) dt.02-11-2018 2/2 Submission on behalf of the learned counsel for the petitioner is that there is no specific allegation against the petitioner of firing upon the police party. Though there was cross firing from both sides but none of either side could receive any injury. The petitioner has no criminal antecedent and he is in custody since 01.08.2018.

Heard the learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances of the case, stated above, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of C.J.M, Katihar, in Manihari P.S.Case No.176 of 2017 subject to the condition that bailers of the petitioner must be of local having sufficient immovable properties within the area of the concerned court.

(Vinod Kumar Sinha, J) AnilKrSinha/- U