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Umesh Yadav @ Umashankar Yadav vs The State Of Bihar on 18 March, 2016

Author: Rajendra Kumar Mishra

Bench: Rajendra Kumar Mishra

   IN THE HIGH COURT OF JUDICATURE AT PATNA
                  Criminal Miscellaneous No.3114 of 2016
       Arising Out of PS.Case No. -254 Year- 2015 Thana -AMARPUR District- BANKA
======================================================
UMESH YADAV @ UMASHANKAR YADAV, Son of Karu Yadav @
Krityanand Yadav, resident of village - Mothabari, Police Station -
Katoriya, District - Banka.
                                                      .... .... Petitioner
                                 Versus
The State of Bihar
                                                 .... .... Opposite Party
======================================================
                                  with
                 Criminal Miscellaneous No.7895 of 2016
       Arising Out of PS.Case No. -254 Year- 2015 Thana -AMARPUR District- BANKA
======================================================
Jai Ram Yadav, Son of Ganesh Yadav, Resident of village- Gora, P.S.-
Banka, District- Banka.
                                                      .... .... Petitioner
                                 Versus
The State of Bihar
                                                 .... .... Opposite Party
======================================================
                                  with
                 Criminal Miscellaneous No.7961 of 2016
       Arising Out of PS.Case No. -254 Year- 2015 Thana -AMARPUR District- BANKA
======================================================
Muneshwar Turi @ Nuneshwar Turi, Son of late Deo Narayan Turi
Resident of Village- Barmasia P.s Fullidumar, District Banka.
                                                          .... .... Petitioner
                                  Versus
The State of Bihar
                                                     .... .... Opposite Party
======================================================
                                   with
                Criminal Miscellaneous No.10513 of 2016
       Arising Out of PS.Case No. -254 Year- 2015 Thana -AMARPUR District- BANKA
======================================================
1. Ranjeet Yadav, Son of Yogendra Yadav,
2. Manoj Yadav, son of Bharat Yadav, both are residents of Village- Gora,
    P.S.- Banka, District- Banka.
                                                       .... .... Petitioners
                                  Versus
The State of Bihar
                                                   .... .... Opposite Party
======================================================
Appearance :
(In Cr.Misc. No.3114 of 2016)
For the Petitioner/s           :  Mr. Balram Kapri
For the Opposite Party/s       : Mr. Smt. Rina Sinha(App)
       Patna High Court Cr.Misc. No.3114 of 2016 (3) dt.18-03-2016

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                   (In Cr.Misc. No.7895 of 2016)
                   For the Petitioner/s         : Mr. Md. Nurul Hoda
                   For the Opposite Party/s     : Mr. Kr. Virendra Narayan(App)
                   (In Cr.Misc. No.7961 of 2016)
                   For the Petitioner/s         : Mr. Md. Nurul Hoda
                   For the Opposite Party/s     : Mr. Kumar Virendra Narayan (App)
                   (In Cr.Misc. No.10513 of 2016)
                   For the Petitioner/s         : Mr. Md. Nurul Hoda
                   For the Opposite Party/s     : Mr. Binod Kumar-Iii(App)
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR
                   MISHRA
                   ORAL ORDER

3   18-03-2016

All the aforesaid four applications arises out of Amarpur (Fullidumar) P.S. Case No. 254 of 2015, registered under Sections 147, 148, 149, 341, 323, 324, 307, 384, 386, 379, 504 and 506 of the Indian Penal Code, Section 27 of Arms Act and Section 17 of C.L.A Act. Therefore, all the four aforesaid applications have been heard together and are being disposed of by this common order:-

Learned counsels appearing on behalf of the petitioners submit that petitioners are not named in the F.I.R. and in course of investigation the Police got recorded the confessional statement of co-accused Ashok Tanti, who disclosed the name of the petitioners being his associates and their involvement in the present case, except the confessional statement, there is nothing against the petitioners. Further submission is that since the petitioners are accused in several cases, as detailed in para 3 of the petitions, due to that reason, Patna High Court Cr.Misc. No.3114 of 2016 (3) dt.18-03-2016 3/3 Police got implicated the petitioners in the present case.

Having regard to the facts and the circumstances of the case, the petitioners, above named, are directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Banka in connection with Amarpur (Fullidumar) P.S. Case No. 254 of 2015. Out of two sureties, one surety must be the close relative of the petitioners, who will file an affidavit showing their relation with the petitioners and further the petitioners shall remain present on each and every date during the course of the trial in the court below. If the petitioners fail to remain present on two consecutive dates during the course of the trial without any reasonable cause being shown, the court concerned would be at liberty to take steps for cancellation of their bail bonds.

(Rajendra Kumar Mishra, J.) manish/-

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