Patna High CourtCR. MISC./10358/2016bail granted

Nago Yadav @ Nageshwar Yadav @ Nagreshwar Yadav v. The State Of Bihar

2016-03-04Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10358 of 2016 Arising Out of PS.Case No. -19 Year- 2003 Thana -PALASI District- ARRARIA ======================================================

1. NAGO YADAV @ NAGESHWAR YADAV @ NAGRESHWAR YADAV Son of Gobind Yadav @ Govind Lal Yadav Resident of village - Belbari, P.S. Palasi, Distt. - Araria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramesh Kumar Singh For the Opposite Party/s : Mr. Manoj Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 04-03-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The present case under sections 395 and 397 of the Indian Penal Code was lodged against the petitioner and other coaccused including co-accused Manoj Yadav in the year 2003 but petitioner was arrested on 16.12.2015 and sent to jail custody. The contention on behalf of the petitioner is that in the year 2003, petitioner was in jail custody in connection with Araria P.S.Case No. 62 of 2003 but police did not make any prayer for remand of the petitioner in the present case and after 13 years of the occurrence, petitioner has been remanded in this case. It is also pointed out that one co-accused Manoj Yadav

Patna High Court Cr.Misc. No.10358 of 2016 (2) dt.04-03-2016 2/2 having more or less similar allegation, has already been granted privilege of bail by a co-ordinate Bench of this Court. No doubt, petitioner carries criminal antecedent of several cases but it appears from perusal of Para-3 of the petition that after year 2005, no case had been lodged against the petitioner.

Accordingly, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-3, Araria, in connection with Palasi P.S. Case No. 19 of 2003, S.G.R.No. 271 of 2003. (Hemant Kumar Srivastava, J) N.K/- U T