Patna High CourtCR. MISC./50826/2015dismissed

Kisto Yadav @ Kesto Yadav v. The State Of Bihar

2016-07-20Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50826 of 2015 Arising Out of PS.Case No. -39 Year- 2015 Thana -AMDABAD District- KATIHAR ====================================================== Kisto Yadav @ Kesto Yadav, S/o Late Babulal Yadav, residence of Village- Dhanmaniya (Gowagachhi), P.S.- Amdabad, District- Katihar. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar Singh For the Opposite Party/s : Mr. Tapeshwar Sharma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 20-07-2016 Heard Sri N.K.Agrawal, learned Senior Counsel, who was assisted by Sri Deepak Kumar, learned counsel for the petitioner and Sri Tapeshwar Sharma, learned Addl. Public Prosecutor.

The sole petitioner, who is in custody since 25.09.2015 in Amdabad P.S. Case no.39/2015 registered for the offence under Sections 302, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act, has prayed for grant of bail. It was submitted by learned counsel for the petitioner that save and except suspicion, there is no material against the petitioner. The petitioner is aged about 75 years and is rotting in jail since long. It has been argued that some of the accused persons have been granted bail by this Court. On the

Patna High Court Cr.Misc. No.50826 of 2015 (6) dt.20-07-2016 2/2 aforesaid ground, learned counsel for the petitioner has prayed for grant of bail, whereas learned Addl. Public Prosecutor submits that in number of paragraphs of the case diary, the name of the petitioner has come. It has been argued that the deceased before his death had disclosed to the informant that two named accused along with others have committed offence, in which three persons were done to death.

In view of facts and circumstances, particularly the fact that the petitioner's name has come in the case diary, there is ground to extend the privilege of bail.

The petition stands dismissed.

(Rakesh Kumar, J) NKS/- U