In bail matter arising from Dharhara P.S. Case No. 32 of 2008, the Patna High Court ordered release of petitioner Mahesh Yadav on bail with 10,000 rupees and two close relative sureties.
Petitioner released on bail of Rs. 10,000/- with two sureties of like amount (close relatives) in Dharhara P.S. Case No. 32 of 2008 (Sessions case no. 25 of 2019).
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16843 of 2019
Arising Out of PS. Case No.-32 Year-2008 Thana- DHARHARA District- Munger
======================================================
MAHESH YADAV Son of Late Govind Prasad Yadav Resident of Village - Jatkutia, P.S.- Dharhra, District - Munger.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Bhola Kumar For the Opposite Party/s : Mr.Ram Sumiran Rai ======================================================
CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA
ORAL ORDER
2 26-03-2019
Heard learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks bail in Dharahara P. S. Case No. 32 of 2008 instituted for the offence under Section(s) 147, 148, 149, 323, 302 and 201 of the Indian Penal Code and Section 17 of C.L. A Act.
Learned counsel for petitioner submits that petitioner is not named in the written report.
In the written report it is alleged that 20-21 unknown persons came on seven motorcycles and dragged the father of the informant near the door of Fudan Yadav and committed his murder by slitting his neck.
Learned counsel for petitioner submits that name of this petitioner has come during investigation merely on
Patna High Court CR. MISC. No.16843 of 2019(2) dt.26-03-2019 2/2
suspicion that he is also member of Maoist group. The learned Sessions Judge has mentioned in the impugned order that the name of this petitioner has come in the confessional statement of some of the co- accused.
The petitioner is in custody since 11.7.2018.
Considering the aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge-IV, Munger , in connection with Dharhara P. S. Case No. 32 of 2008, Sessions case no. 25 of 2019 subject to the condition that both the bailors shall be the close relative of the petitioner.
(Sanjay Priya, J)
shyambihari/-
U T
2 issues framed by the court
Whether to grant bail to the petitioner in a case involving offences under Sections 147, 148, 149, 323, 302, 201 IPC and Section 17 CLRA?
Whether the petitioner being charged as a suspicion-based suspect affects his bail prospects?
Mahesh Yadav
The State of Bihar
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
