Patna High CourtCR. MISC./5644/2019allowed

Birbal Yadav v. The State Of Bihar

2019-02-04Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5644 of 2019 Arising Out of PS. Case No.-254 Year-2018 Thana- MAIRWAN District- Siwan ====================================================== BIRBAL YADAV (Male) Son of Rudal Yadav Resident of Police Station Lane, District - Deoria (U.P.). At present village- Selaur, Police StationGuthani, District - Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Pravesh Nath Tiwari For the Opposite Party/s :

Mr.Tarkeshwar Nath Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 04-02-2019 Heard learned counsel for the petitioner and State. The petitioner is in custody in connection with Mairwa P.S. Case No. 254 of 2018 for the offence under Sections 461, 379 of the Indian Penal Code.

Learned counsel for the petitioner submits that for the same occurrence two cases were registered, one under Section 413, 414 and 34 of the Indian Penal Code whereas the other case was registered under Section 461, 379 of the Indian Penal Code. Learned counsel for the petitioner would submit that the name of the petitioner surfaced on account of confessional statement of co-accused Manoj Yadav. Petitioner is remanded in the present case on 13.08.2018. Although, petitioner was granted bail in earlier case but he is still in custody.

Patna High Court Cr.Misc. No.5644 of 2019(2) dt.04-02-2019 2/2 Considering the fact that the petitioner was granted bail in Cr. Misc. No. 59719 of 2018 in Mairwa P.S. Case No. 270 of 2018, the Court is inclined to grant bail to the petitioner, let the petitioner named above, 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 learned Additional Chief Judicial Magistrate, VII, Siwan, in connection with Mairwa P.S. Case No. 254 of 2018.

(Anil Kumar Upadhyay, J) T.Kr./- U T