Hareram Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54128 of 2015 Arising Out of PS.Case No. -54 Year- 2007 Thana -SALKHUA District- SAHARSA ======================================================

1. Hareram Yadav Son of Shiban Yadav Resident of Village - Chanan, P.S. - Salkhua & District - Saharsa .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Diwakar Prasad Singh For the Opposite Party/s : Mr. M.K.Nirala(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02-12-2015 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is named in the first information report and it is alleged that petitioner and several other accused committed dacoity in the house of the informant and took away the articles amounting to Rs, 5000/-. The alleged occurrence took place in the year 2007 and as such the submission on behalf of the petitioner is that the charge sheet was submitted some time in the month of December 2007.

The contention on behalf of the petitioner is that there was dispute in between two castes of the village and that is the reason, the informant being member of one group, lodged the present case against his rivalry group. It is further contended by

Patna High Court Cr.Misc. No.54128 of 2015 (2) dt.02-12-2015 2/2 him that petitioner was not aware of the institution of the present case and moreover, having more or less similar allegation several co-accused have already been granted privilege of bail. Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of this fact that except the present case and one Salkhua P.S.case No. 53 of 2007 there is nothing against the petitioner, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st class at Saharsa in connection with Salkhua P.S.Case No. 54 of 2007. (Hemant Kumar Srivastava, J) N.K/- U T