Bhagar Yadav @ Bhagad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80046 of 2019 Arising Out of PS. Case No.-147 Year-2019 Thana- NAUTAN District- West Champaran ====================================================== BHAGAR YADAV @ BHAGAD YADAV Son of Raghupati Yadav Resident of Village - Purushotampur, P.S.- Majhauliya, District - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar No 7 For the Opposite Party/s :

Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-12-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Nautan (Jagdishpur) P.S. Case No. 147 of 2019 for the offences punishable under Sections 399/402/414 of the Indian Penal Code and Sections 25(1-b)a, 26, 35 of the Arms Act. The allegation is regarding the police having got secret information that 7-8 miscreants had assembled at the alleged place of occurrence and were planning to commit some offence, whereupon the informant had reached at the said place, however, 4-5 miscreants had managed to run away but two coaccused persons, namely, Bittu Kumar and Chandan Kumar were apprehended and one loaded country made pistol and one live cartridge were recovered and then upon interrogation by the

Patna High Court CR. MISC. No.80046 of 2019(2) dt.05-12-2019 2/2 police, they had named the petitioner to be one of the accomplices.

The learned counsel for the petitioner submits that the petitioner has not been named in the FIR nor any recovery has been made from him and the fact is that he has been falsely implicated in the present case. It is further submitted that the petitioner is accused in two cases, but he is on bail in the said two cases. It is further submitted that the petitioner is languishing in custody since 29.08.2019.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be enlarged on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Nautan (Jagdishpur) P.S. Case No. 147 of 2019. (Mohit Kumar Shah, J) Tiwary/- U T