Ganori Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3986 of 2016 Arising Out of PS.Case No. -219 Year- 2014 Thana -LAXMIPUR District- JAMUI ====================================================== Ganori Yadav S/o Late Parmeshwar Yadav, R/o Rajpura, P.S. - Jamui, District - Jamui.

.... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satya Prakash Parasar, Adv. For the Opposite Party/s : Mr. Madhura Nand Jha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-02-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Laxmipur P.S. case No. 219 of 2014 registered for the offences punishable under Sections 307, 506, 341 r/w 34 of the Indian Penal Code and 27 of Arms Act and 3/4 of Explosive Substances Act. The petitioner is not named in the First Information Report and from perusal of impugned order, it reveals that the name of the petitioner transpired in the confessional statement of co-accused Sunil Yadav and the petitioner has got criminal antecedent as he is wanted in 14 more cases.

Submission is of false implication one after another, in this case besides confessional statement, there is nothing against

Patna High Court Cr.Misc. No.3986 of 2016 (2) dt.15-02-2016 2/2 the petitioner, other similarly situated co-accused Laldeo Yadav and Rahul Rao have been allowed bail vide Cr. Misc. no. 34010 of 2015 by another coordinate Bench of this Court and the petitioner is suffering in custody since 10.06.2015.

Learned A.P.P. is not in a position to distinguish the case of the petitioner from those of accused. In the facts and circumstances stated above, the petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned A.D.J. 1st Jamui arising out of Laxmipur P.S. case No. 219 of 2014 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J.) rinkee/- U