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Patna High CourtCR. MISC./9925/2019allowed

Shambhu Yadav v. The State Of Bihar

2019-02-19Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9925 of 2019 Arising Out of PS. Case No.-164 Year-1988 Thana- GOGRI District- Khagaria ====================================================== SHAMBHU YADAV S/o Late Dashrath Yadav Resident of Village-Dhobiniya (Milki), P.S.- Naugachia, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Yadav For the Opposite Party/s :

Mr. Navin Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 19-02-2019 Heard learned counsel for the petitioner and counsel appearing on behalf of the State.

The petitioner is in custody in connection with S.T. No. 288 of 2018 arising out of Gogri (Pasraha) P.S. Case No. 164 of 1988 registered for the offence under Sections 364/34 of the Indian Penal Code.

Learned Counsel appearing on behalf of the petitioner submits that petitioner has no criminal antecedent. He further submits that initially complaint case was registered, subsequently it was registered as Gogri (Pasraha) P.S. Case No. 164 of 1988. He further submits that in the instant case coaccused Subodh Yadav has been acquitted vide S.T.- No. 221 of 1989 by the court of learned F.T.C.-IV, Khagaria order dated 18.6.2004 and other co-accused Sikandar Yadav has been

Patna High Court Cr.Misc. No.9925 of 2019(2) dt.19-02-2019 2/2 allowed bail by co-ordinate Bench of this Court in CR. Misc. No. 18161 of 2008 vide order dated 12.5.2008. He submits that petitioner is in custody since 26.3.2018.

Considering the totality of the facts and circumstances as discussed hereinabove, the Court is inclined to grant bail to the petitioner, let the petitioner named above, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned I/c Sessions Judge, Khagaria/ Successor Court in connection with S.T. No. 288 of 2018 arising out of Gogri ( Pasraha) P.S. Case No. 164 of 1988.

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