Partly allowed

Kedar Kumar @ Kedar Yadav v. The State of Bihar

Patna HC5 Nov 2019CR. MISC./65862/2019

Case brief

AI extract

What is this about?

The High Court of Patna granted pre-arrest bail to the petitioner in a case involving offences under the IPC, Arms Act, and U.A.P. Act, though he did not appear to be apprehended at the scene. Bail was conditioned on arrest or surrender within six weeks. The order mirrors bail granted to a similarly situated co-accused.

What did the court decide?

Petitioner admitted to bail on furnishing a bond of Rs. 10,000 with two sureties, one a close relative, subject to the condition that he must appear or surrender within six weeks.

Kedar Kumar @ Kedar Yadav Vs The State of Bihar — Anticipatory Bail | Patna HC (2019)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.65862 of 2019

¶2

Arising Out of PS. Case No.-61 Year-2018 Thana- KAJRA District- Lakhisarai

¶3

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

¶4

KEDAR KUMAR @ KEDAR YADAV Son of Masudan Yadav @ Madhusudan Yadav @ Maksudan Yadav Resident of Village - Mahuliya, P.S.Chanan, District- Lakhisarai

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶9

====================================================== Appearance : For the Petitioner/s : Mr.Umesh Prasad For the Opposite Party/s : Mr.Abhay Kumar

¶10

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA

¶11

ORAL ORDER

¶12

2 05-11-2019

¶13

Heard learned counsel for the petitioner and the learned A.P.P. for the State.

¶14

The petitioner apprehends his arrest in connection with Kajra P.S. Case No.61 of 2018 registered under Sections 147, 148, 149, 353 and 307 of the Indian Penal Code besides Section 27 of the Arms Act and Sections 16, 17, 18, 20 and 23 of the U.A.P. Act.

¶15

The accusation is that on receiving the secret information about gathering of 56 persons, named in the F.I.R., including the petitioner and 20-23 others for committing the heinous crime at Barmasiya Bankura Tole, the informant along with other armed forces reached at the forest of the villageBankura. On seeing the armed forces, extremists started to

¶16

Patna High Court CR. MISC. No.65862 of 2019(2) dt.05-11-2019 2/3

¶17

make firing in which the informant and commander Awadhesh Kumar, anyhow, saved themselves. The armed forces taking the shelter of forest and bush, started firing. In the meantime, the extremists started slogan against the police administration. While the armed forces chased the extremists but they succeeded to flee away taking the advantage of dense forest and mountain. Thereafter, search was made and several live cartridges, cordix wire, detonator, creature of extremists, utensils, bomb, medicines etc. were recovered from there.

¶18

Learned counsel for the petitioner submits that the petitioner was not apprehended on the spot nor it is detailed in the F.I.R. as to how the informant came to know about the name of the petitioner. On mere suspicion, the petitioner has falsely been implicated in this case. Further submission is that the similarly situated co-accused Suresh Yadav has already been granted the privilege of pre-arrest bail by this Court vide order dated 07.08.2019 passed in Criminal Misc. No.49373 of 2019.

¶19

Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be enlarged on bail on his furnishing bail bond of Rs.10,000/(Rupees Ten Thousand) with two sureties of the like amount

¶20

Patna High Court CR. MISC. No.65862 of 2019(2) dt.05-11-2019 3/3

¶21

each to the satisfaction of the Judicial Magistrate, First Class, Lakhisarai, in connection with Kajra P.S. Case No.61 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C. Out of the two sureties, one must be the close relative of the petitioner.

¶22

(Rajendra Kumar Mishra, J)

¶23

P.S./-

¶24

U T

Kedar Kumar @ Kedar Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Kedar Kumar @ Kedar 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

Sameer Alam @ Ms. Sameer @ Md. Sameer Vs The State of Bihar

Amarjit Kumar Singh Vs The State of Bihar

Narendra Singh Vs The State of Bihar

Md. Salam Vs The State of Bihar

Kanchan Devi Vs The State of Bihar

Mota Tuddu @ Mata Tuddu Vs The State of Bihar