High Court Patna High Court - Orders

Birendra Yadav vs The State Of Bihar on 7 March, 2011

Patna High Court – Orders
Birendra Yadav vs The State Of Bihar on 7 March, 2011
                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                               Cr.Misc. No.2237 of 2011
                                   BIRENDRA YADAV
                                           Versus
                                 THE STATE OF BIHAR
                                             with
                               Cr.Misc. No.3608 of 2011
                                     BABU RAM PAL
                                           Versus
                                 THE STATE OF BIHAR
                                         -----------

2 07.03.2011 Heard learned counsel for the petitioners as well as

learned counsel for the state.

Both the above-said Cr. Misc. Cases arise out of the

same case i.e. Amas P.S. case No. 31 of 2010 registered

under sections-302, 307, 323, 341, 452, 380, 427, 436, 121,

147, 148, 149 of the Indian Penal Code, section-27 Arms Act,

sedtion-3/5 of Explosive Substances Act as also section-17 of

CLA Act and section 13 of U.L.A.P. Act and accordingly, the

above-said Cr. Misc. Cases are being heard and disposed of

by this common order.

Petitioners are not named in the FIR and in course of

investigation, their name surfaced in this case.

It appears from perusal of the impugned order that the

petitioner in Cr. Misc. No. 2237 of 2011 was found in constant

touch with one of the looted mobile of this case. So far as

petitioner in Cr. Misc. No. 3608 of 2011 is concerned,

admittedly, on the alleged date of occurrence, he was lodged in

jail in connection with Deo P.S. Case No. 120 of 2009 and he

was released on bail in the above-said case vide order dated
-2-

21.04.2010 passed in Cr. Misc. No. 12263 of 2010.

Taking into consideration the above-said facts as well

as circumstances of the case, let both the petitioners namely,

Birendra Yadav (in Cr.Misc. No.2237 of 2011) and Babu Ram

Pal (in Cr. Misc. No. 3608 of 2011) be released on bail on

furnishing bail bond of Rs 10,000/- (ten thousand) with two

sureties of the like amount each in connection with Amas P.S.

case No. 31 of 2010 to the satisfaction of Sub Divisional

Judicial Magistrate, Sherghati, Gaya.

AKV/-                                   (Hemant Kumar Srivastava,J.)