Subhash Yadav And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.36134 of 2015 (2) dt.07-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36134 of 2015 Arising Out of PS.Case No. -455 Year- 2010 Thana -SAHARSA District- SAHARSA ======================================================

1. Subhash Yadav Son of Upendra Yadav resident of Mohalla - Pashupalan Colony, Ward No. 2, P.S. & District - Saharsa

2. Rambhu Yadav @ Shambhu Yadav Son of Balkeshwar Yadav Resident of village - Saptiyahi, P.S. & District - Saharsa .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.28459 of 2015 Arising Out of PS.Case No. -455 Year- 2010 Thana -SAHARSA District- SAHARSA ======================================================

1. Bidur Yadav Son of Late Parmeshwari Yadav Resident of Mohalla - Pashupalan Colony, Ward No. 2 P.S. & District - Saharsa. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

(In Cr.Misc. No.36134 of 2015) For the Petitioner/s : Mr. Bhim Kumar Yadav For the Opposite Party/s : Mr. Ambika Bhagat(Spl.App) (In Cr.Misc. No.28459 of 2015) For the Petitioner/s : Mr. Bhim Kumar Yadav For the Opposite Party/s : Mr. Ram Shankar Das(Spl.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 07.09.2015 Both the above stated petitions arise out of Sadar P.S. Case no. 455/2010 registered under sections 366A, 376 (F), 302, 120B of the Indian Penal Code and accordingly, both the above stated petitions are being disposed of by this common order.

Heard learned counsel for the petitioners as well as learned

Patna High Court Cr.Misc. No.36134 of 2015 (2) dt.07-09-2015 Addl. Public Prosecutor for the State.

Petitioners are named in the first information report but they have been made accused in this case only on the ground that on the day of alleged occurrence, they were seen by the informant taking wine at a shop and except the aforesaid material, there appears to be nothing against them.

Moreover, having more or less similar allegation coaccused Kanhiya Yadav has already been granted privilege of bail by a coordinate bench of this court.

Accordingly, petitioners are directed to be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saharsa in of Sadar P.S. Case no. 455/2010.

shahid (Hemant Kumar Srivastava,J) U T