Pritam Yadav @Pritam Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.28895 of 2015 (3) dt.27-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28895 of 2015 Arising Out of PS.Case No. -126 Year- 2015 Thana -CHARPOKHARI District- BHOJPUR ======================================================

1. PRITAM YADAV @ PRITAM RAI S/o Late Raj Kishore Singh @ Late Raj Kishore Yadav, R/o Village- Karnaun Chandi, P.S.- Charpokhari, District- Bhojpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravindra Kumar For the Opposite Party/s : Mr. Ram Shankar Das(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-10-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Charpokhari P.S. Case No. 126 of 2015 registered for the offences punishable under Sections 147, 148, 149, 307, 120B of the Indian Penal Code, Section 27 of the Arms Act and Sections 3(ii) (v) of the SC/ST (prevention of atrocities) Act.

At the very outset, it has been submitted that similarly situated co-accused Ranjeet Yadav has been allowed bail vide order dated 10.09.2015 passed in Cr. Misc. No. 37405 of 2015 by another co-ordinate Bench of this Court and admittedly at the time of alleged occurrence the petitioner was lodged in jail in

Patna High Court Cr.Misc. No.28895 of 2015 (3) dt.27-10-2015 connection with another case, as such, the petitioner deserves sympathetic consideration as chargesheet has already been submitted and there is no chance of tampering with prosecution evidence to which the learned APP does not dispute. In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Charpokhari P.S. Case No. 126 of 2015, subject to the conditions that one of the bailors must be a 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) avin/- U T