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Patna High CourtCR. MISC./19448/2016bail granted

Amar Yadav v. The State Of Bihar

2016-06-29Mr. Justice Rajendra Kumar Mishra2 pages

Patna High Court Cr.Misc. No.19448 of 2016 (3) dt.29-06-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19448 of 2016 Arising Out of PS.Case No. -79 Year- 2015 Thana -JANKINAGAR District- PURNIA ====================================================== Amar Yadav, Son of Shiv Nandan Yadav, resident of Village and Police Station- Janki Nagar, District- Purnea.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Uday Chand Prasad, Advocate. Mr. Manoj Kumar, Advocate.

For the Opposite Party/s : Mr. Dashrath Mehta (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 29-06-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner is accused in connection with Janki Nagar P.S. Case No. 79 of 2015 registered under Sections 341, 342, 323, 364 and 120B of the Indian Penal Code. The accusation is that due to land dispute five named accused including the petitioner folded Jogi Yadav, brother of the informant and assaulted him with lathi and stick and carried him forcibly. He was traceless since the date of occurrence. Learned counsel for the petitioner submits that in course of investigation on the basis of confessional statement of co-accused Amar Yadav, the skeleton of Yogi Yadav is said to be

Patna High Court Cr.Misc. No.19448 of 2016 (3) dt.29-06-2016 recovered. It is further submitted that petitioner has falsely been implicated in this case due to land dispute. Further submission is that petitioner has no criminal antecedent and is in custody since 01.08.2015. It is further submitted that co-accused, Shiv Nandan Yadav and Ratan Yadav, have already been granted privilege of bail by a Bench of this Court vide order dated 18.03.2016 passed in Criminal Misc. No. 3577 of 2016.

Having regard to the facts and the circumstances of the case, the petitioner above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea, in connection with Janki Nagar P.S. Case No. 79 of 2015. Out of two sureties, one surety must be the close relative of the petitioner.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T