Patna High CourtCR. MISC./87261/2019bail granted

Domi Yadav v. The State Of Bihar

2020-06-25Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87261 of 2019 Arising Out of PS. Case No.-77 Year-2019 Thana- FULKAHA District- Araria ====================================================== Domi Yadav, Late Anup Lal Yadav R/o Village- Achra, P.S.- Fulkaha, DisttAraria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Chandra Bhushan Das, Advocate For the Opposite Party/s :

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 25-06-2020 Heard Mr. Chandra Bhushan Das, learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Fulkaha P.S. Case No. 77 of 2019 dated 16.05.2019 instituted for the offences under Sections 147, 148, 149, 341, 323, 342, 324, 307, 211, 212, 224, 225, 332, 333, 379, 353, 435, 504 and 506 of the Indian Penal Code, Section 45 of the Bihar Prohibition and Excise Act, 2016 and Section 3(i)(r) of the Prevention of Atrocities Act.

The petitioner is alleged to have incited the mob to attack the police party which had gone to raid a particular place on secret tip off that liquor has been stored there.

Patna High Court CR. MISC. No.87261 of 2019(3) dt.25-06-2020 2/2 It has been submitted on behalf of the petitioner that he is 82 years of age and for ulterior motive, he has been made accused in this case. Apart from this, there is no accusation against him of taking part in the affray.

The petitioner also has clean antecedents.

Considering the aforenoted facts, the petitioner is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge-cum-Special Judge, Araria in connection with Fulkaha P.S. Case No. 77 of 2019, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Ashutosh Kumar, J) krishna/- U T