Anil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11121 of 2016 Arising Out of PS.Case No. -459 Year- 2015 Thana -BANKA District- BANKA ======================================================

1. Anil Yadav son of Baleshwar Yadav, resident of Village Bholadih, P.S. Katoriya, District Banka.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar Das No.- 2 For the Opposite Party/s : Mr. Satyendra Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 21-04-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offences punishable under Section 307 and other minor sections of the Indian Penal Code, Section 27 of the Arms Act and Section 17 of C.L.A. Act.

Petitioner is not named in the first information report and the learned Additional Sessions Judge-IV, Banka has not even taken pain to mention the material which has come against the petitioner in course of investigation. Although, the learned Additional Sessions Judge stated in the impugned order that charge against the petitioner has already been framed but he failed to refer the materials on the basis of which charge against the

Patna High Court Cr.Misc. No.11121 of 2016 (3) dt.21-04-2016 2/2 petitioner was framed. No doubt, petitioner carries criminal antecedent but it appears that there happens to be nothing against the petitioner to show his involvement in the present crime. Moreover, having more or less similar allegation, several coaccused have already been granted privilege of bail by a coordinate Bench of this Court. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of 4th Additional Sessions Judge, Banka in connection with Sessions Trial No. 354 of 2015 arising out of Banka P.S. Case No. 459 of 2015.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T