Sidhnath Yadav @ Bikash Yadav v. The State Of Bihar
Patna High Court Cr.Misc. No.51073 of 2015 (3) dt.08-03-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51073 of 2015 Arising Out of Konch PS.Case No. -91 Year- 2014 Thana -KOCH District- GAYA ====================================================== Sidhnath Yadav @ Bikash Yadav son of Late Shalik Yadav, resident of Village Narayanpur, P.s. Bandhya, District Aurangabad. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Durgesh Nandan, Advocate. For the Opposite Party : Mr. J.N.Thakur (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 08-03-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.
The petitioner seeks bail in connection with Konch P.S. Case No. 91 of 2014 registered for the offences punishable under Sections 147, 148, 149, 427, 435, 506 of the Indian Penal Code, under Section 17 of the Criminal Law Amendment Act and under Sections 13, 16, 18 and 20 of U.A.P.A. Act. Allegedly, 20-25 Maobadi extremists due to nonpayment of levy burnt Roller and J.C.B. Machine of informant. During investigation the name of the petitioner transpires and he has got criminal antecedent.
Submission is of false implication and that the petitioner is not named in First Information Report, nothing has been recovered from possession of petitioner, only on suspicion he
Patna High Court Cr.Misc. No.51073 of 2015 (3) dt.08-03-2016 has been named, in other cases, the petitioner is on bail and further in this case co-accused Rambinay Yadav @ Binay Yadav has been allowed bail vide Cr. Misc. No. 43877 of 2015 by another coordinate Bench of this Court and as such the petitioner also deserves sympathetic consideration, to which, the learned A.P.P. fairly submits that other co-accused has been allowed bail. In the facts and circumstances stated above, the petitioner named above is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Konch P.S. Case No.
91 of 2014, subject to conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J.)