Sittu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83645 of 2019 Arising Out of PS. Case No.-404 Year-2019 Thana- KOTWALI District- Munger ====================================================== Sittu Yadav Son of Bijay Yadav Resident of Village-Shairpur, P.OBasudevpur, P.S-Kotwali (Basudevpur), District-Munger. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hemant Kumar Karan For the Opposite Party/s :

Mr. Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 17-12-2019 The petitioner seeks bail in connection with Munger Kotwali P.S. Case No. 404 of 2019 which has been instituted for the offences under Sections 115, 109, 120B of the Indian Penal Code and Sections 25(1B) a, 26(i)(ii), 35 of the Arms Act. It appears that two persons were arrested who were planning to commit murder. The aforesaid two persons disclosed that they had been asked by the petitioner to eliminate petitioner's co-brother and brother-in-law.

Learned counsel for the petitioner submits that petitioner has no idea as to why he has been named by the aforesaid two accused persons. There is no intention of the petitioner to eliminate his own co-brother and

Patna High Court CR. MISC. No.83645 of 2019(2) dt.17-12-2019 2/2 brother-in-law with whom he has no litigation whatsoever. Though there are some cases in his credit but in all those cases, he is on bail. It has further been submitted that his implication, therefore is only on the basis of statement made by two arrested accused persons from one of whom, firearm weapon was recovered.

The petitioner is stated to be in custody since 30.09.2019.

Considering the aforestated facts, the petitioner, above named, is directed to be released on bail on his furnishing bail bonds of Rs. 10,000/-(Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger in connection with Munger Kotwali P.S. Case No. 404 of 2019.

(Ashutosh Kumar, J) Shageer/- U T