Kare Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79889 of 2019 Arising Out of PS. Case No.-117 Year-2018 Thana- GOGRI District- Khagaria ====================================================== KARE YADAV, aged about 22 years (Male), Son of Butan Yadav @ Butan Prasad Yadav, Resident of Village - Poura, P.S. - Gogari, District - Khagaria. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Rajesh Kumar, Advocate.

For the Opposite Party :

Mr.Jai Narain Thakur, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-12-2019 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 307/34, 353 of the IPC and 27 of the Arms Act.

The prosecution story, in brief, is that in the light of the order of the D.C.L.R., Gogari in Land Reforms Case No. 46/17-18, the informant was directed to harvest the wheat crop of land as mentioned in the F.I.R. and in the aforesaid context, he reached at the place of occurrence. It is further alleged that during course of harvesting, the petitioner and co-accused Butan Yadav alongwith three unknown culprits began to fire creating stampede due to that crop cutting work was hampered and there was hindrance in discharging the government duty.

Patna High Court CR. MISC. No.79889 of 2019(2) dt.10-12-2019 2/2 It has been submitted by learned counsel for the petitioner that the petitioner is in custody since 24.09.2019. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. General and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. The petitioner is one of the accused who was protesting against the informant. Other co-accused has been granted bail by another Co-ordinate Bench of this Court vide Cr. Misc. No. 66366 of 2018 under order dated 18.12.2018. 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 C.J.M. Khagaria, in connection with Gogari (Poura) P.S. Case No. 117 of 2018.

(Sudhir Singh, J) U.K./- U T