Ganouri Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11586 of 2016 Arising Out of PS.Case No. -45 Year- 2015 Thana -LAXMIPUR District- JAMUI ======================================================

1. Ganouri Yadav Son of Late Parmeshwar Yadav, Resident of VillageRajpura, P.S. & District- Jamui. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satya Prakash Parasar For the Opposite Party/s : Mr. Upendra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 02-05-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offences punishable under sections 147, 148, 149, 323, 504, 506, 379, 385 and 387 of the I.P.C Allegedly, 7-8 miscreants after covering their faces due to non payment of the ransom assaulted the labourers of the brick kiln, snatched mobile, burnt the tractor and took away the motorcycle after causing threats. During investigation the name of the petitioner transpires in the confessional statement of coaccused Laldeo Yadav and thereafter the petitioner has also confessed his guilt.

Submission is of false implication and that there is no

Patna High Court Cr.Misc. No.11586 of 2016 (3) dt.02-05-2016 2/2 legal and tangible material against the petitioner, only on the basis of the alleged confessional statement and that the petitioner has got criminal antecedent, his prayer for bail has been refused though Laldeo Yadav and another co-accused Santosh Kumar have already been allowed bail by the learned court below itself and the petitioner is suffering in custody since 01.07.2015. The learned A.P.P. submits that the petitioner is involved in 14 more cases.

In the facts and circumstances as stated above, considering detention of the petitioner, now he is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M. Jamui in Laxmipur P.S. Case No. 45 of 2015, subject to the conditions that one of the bailors must be a 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) Abhay/- U T