Amit Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76267 of 2019 Arising Out of PS. Case No.-708 Year-2019 Thana- SAHARSA District- Saharsa ====================================================== AMIT KUMAR YADAV S/o Ramchandra Yadav Resident of Sakra Pahadpur (Balwa hat O.P.), P.S.- Simri Bakhtiyapur, District- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-05-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State through video conferencing. The petitioner seeks bail in connection with Saharsa Sadar P.S. Case No. 708 of 2019, registered under Sections 399, 401 and 414 of the Indian Penal Code one and Section 25(1-B)a, 26 and 35 of the Arms Act.

The accusation is that informant along with other Police personnel received secret information about gathering of several miscreants at canal situated in village-Rahua Mani. Thereafter, informant and other other Police personnel reached there then saw 6-7 persons were present there with three motorcycles. On seeing the Police party, all started fleeing, but on chase, five persons were apprehended, who disclosed their names Haider Ali @ Bangali Tiger, Pramod Kumar Das, Amit

Patna High Court CR. MISC. No.76267 of 2019(3) dt.27-05-2020 2/2 Kumar Yadav (petitioner), Md. Firoz and Karan Kumar. On query, they also disclosed the name of his two associates as Suraj Sharma and Rajkumar, who succeeded to flee away. The petitioner was found in possession of one loaded pistol one live cartridge and mobile set.

Submission is that, in fact, petitioner is accused in four other cases, as detailed in paragraph No.3, but he is on bail in all cases due to that reason, the petitioner has falsely been implicated in this case by the Police. The petitioner is in custody since 06.08.2019.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Saharsa in connection with Saharsa Sadar P.S. Case No. 708 of 2019. Out of two sureties, one surety must be parents/close relative of the petitioner.

(Rajendra Kumar Mishra, J) manish/- U T