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Patna High CourtCR. MISC./66126/2019bail granted

Malik Yadav @ Akhilesh Kumar Yadav v. The State Of Bihar

2019-10-22Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66126 of 2019 Arising Out of PS. Case No.-20 Year-2017 Thana- NAUGACHIA District- Bhagalpur ====================================================== MALIK YADAV @ AKHILESH KUMAR YADAV, aged about 40 years (M), Son of Late Lakhan Lal Yadav, Resident of Village-Narayanpur, P.S-Bihpur (Bhawanipur), District-Bhagalpur.

... ... Petitioner

Versus

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

For the Petitioner :

Mr.Ranjan Kumar Jha, Advocate.

For the Opposite Party :

Mr.Narsingh Tanti, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-10-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case for the offence registered under Sections 147, 148, 149, 341, 323, 307, 386, 387, 427 of the IPC and 27 of the Arms Act.

The prosecution story, in brief, is that the accused person armed with weapon arrived at the Bahiyar and demanded 10-10 Liters milk from the owner of the cattle and threatened that if they will refuse then they will be killed and when the cattle dwellers refused, then the accused person started assaulting them and caused injury to Sone Lal Yadav, Sikandar Yadav, Pankaj Kumar, Girdhar Yadav and Boku Sah. The injured Sone Lal Yadav and Sikandar Yadav received injury on

Patna High Court CR. MISC. No.66126 of 2019(2) dt.22-10-2019 2/2 head. The accused persons have easrlier also demanded milk after threatening.

It has been submitted by learned counsel for the petitioner that the petitioner is languishing in custody since 07.08.2019. The petitioner has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. General and omnibus allegation has been made against the petitioner. Nature of injury is said to be simple. The occurrence has taken place due to petty reason. On behalf of the State, it is submitted that the petitioner is 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 the learned Additional District & Sessions Judge-2nd, Naugachia, Bhagalpur, in connection with Naugachia (Nadi) P.S. Case No. 20/2017. U.K./- (Sudhir Singh, J) U T