Satyendra Yadav @ Satyendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65988 of 2019 Arising Out of PS. Case No.-110 Year-2019 Thana- KAUWAKOL District- Nawada ====================================================== 1.

SATYENDRA YADAV @ SATYENDRA KUMAR Son of Panchu Yadav Resident of Village - Madhurapur, P.S.- Kawakol, Distt.- Nawada. 2.

Bhooshan Kumar @ Bhooshan Yadav Son of Madari Yadav Resident of Village - Madhurapur, P.S.- Kawakol, Distt.- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amresh Kumar Sinha For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-03-2020 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case instituted for the offences under Sections 384, 307, 341/34 of the Indian Penal Code and 25(1-b),A, 26 and 27 of the Arms Act. The prosecution case in short is that the accused persons came and demanded rangdari from the husband of the informant and on protest assaulted him due to which he sustained injury.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 15.7.2019 and have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. Charge-sheet has been

Patna High Court CR. MISC. No.65988 of 2019(4) dt.04-03-2020 2/2 submitted in the present case. The petitioners have falsely been implicated in the present case. The alleged date of occurrence is 17.4.2019 as per the written report but the case was instituted on 23.4.2019. The delay caused has not been explained by the prosecution. It is further submitted that there is no recovery of fire arms from the possession of the petitioners. Hence, 25 and 26 of the Arms Act is not attracted against the petitioner. The petitioners have remained in custody for more than seven months. Other co-accused, similarly situated, has been granted bail vide order dated 20.11.2019 passed in Cr. Misc. No. 54849 of 2019.

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

Considering the aforesaid facts and circumstances, it is directed that the petitioners, 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. -I, Nawada in connection with Kawakol P.S. Case No. 110/19.

(Sudhir Singh, J) Pankaj/- U T