Allowed

Birbal Yadav v. The State Of Bihar

Patna HC13 Dec 2018CR. MISC./63949/2018

Case brief

AI extract

What is this about?

The High Court at Patna granted anticipatory bail to the petitioner in connection with offences under the IPC and Arms Act. The petitioner is to be released upon arrest or surrender within four weeks upon furnishing a bail bond of Rs. 10,000 with two sureties.

What did the court decide?

Release on anticipatory bail by furnishing a bail bond of Rs. 10,000 with two sureties of like amount each within four weeks.

Birbal Yadav Vs The State Of Bihar — Anticipatory Bail | Patna HC (2018)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.63949 of 2018

¶2

Arising Out of PS. Case No.-164 Year-2018 Thana- GOVINDGANJ District- East

¶3

Champaran

¶4

======================================================

¶5

Birbal Yadav, S/o Dhura Yadav, Resident of Village- Barharwa, P.S. Malahi, District- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sunil Kumar No.III, Adv. For the Opposite Party/s : Mr. Bharat Lal, APP ======================================================

¶10

CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER

¶11

2 13-12-2018

¶12

The petitioner seeks bail in anticipation of his

¶13

arrest in connection with Govindganj (Malahi) P.S. Case No. 164 of 2018, dated 18.06.2018, instituted for the offences under Sections 447, 341, 323, 504 and 506 of the I.P.C. and Sections 25(1-b)a, 26 and 35 of the Arms Act.

¶14

On the information to the mobile police party that one Sudama Yadav has been confined by some accused persons, a raid was conducted. Seeing the police party, the miscreants started fleeing away. However, one Runni Yadav was arrested and from his possession firearms were recovered. Aforesaid Runni Yadav, on being asked by the

¶15

Patna High Court Cr.Misc. No.63949 of 2018(2) dt.13-12-2018 2/3

¶16

police team, disclosed the name of the petitioner as one of his associates.

¶17

The learned counsel for the petitioner has submitted that the only material against the petitioner, therefore, is the confession of a co-accused person, who was arrested by the police. It has further been submitted that earlier the petitioner was made an accused in a case but in the aforesaid case, he has been acquitted. It has also been urged on behalf of the petitioner that prior to the present occurrence, the sister-in-law of the petitioner had filed a case against aforesaid Sudama Yadav, who was alleged to have been kept in confinement. The learned counsel for the petitioner, therefore, submits that the name of the petitioner has deliberately been given at the instance of police and aforesaid Sudama Yadav.

¶18

Considering the aforesaid facts, the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks from the date of receipt/production of a copy of the present order, is directed to be released on bail on his furnishing bail bonds

¶19

Patna High Court Cr.Misc. No.63949 of 2018(2) dt.13-12-2018 3/3

¶20

of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-I, East Champaran in connection with Gobindganj (Malahi) P.S. Case No. 164 of 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

¶21

(Ashutosh Kumar, J)

¶22

Praveen-II/-

¶23

U T

Birbal Yadav v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Birbal Yadav v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Shamsher Gaddi Vs The State Of Bihar

Rajbansh Sharma and Anr. Vs The State Of Bihar

Md. Salman and Anr. Vs The State Of Bihar

Chandrashekhar Singh @ Chandrashekhar Kumar Singh Vs The State Of Bihar

Pawan Kumar Mandal Vs State Of Bihar and Anr.

Lal Bibi Vs The State Of Bihar