Patna High CourtCR. MISC./239/2015bail granted

Sikandra Yadav @ Boxer Yadav @ Boxer Singh v. The State Of Bihar

2015-01-29Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.239 of 2015 Arising Out of PS.Case No. -8 Year- 2013 Thana -SANDESH District- BHOJPUR ======================================================

1. Sikandra Yadav @ Boxer Yadav @ Boxer Singh son of Sri Janeshwar Yadav resident of village - Ratnarh, Police Station - Garahani, District - Bhojpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kamlesh Prasad Yadav For the Opposite Party/s : Mr. Shailendra Kumar 1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 29-01-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is not named in the first information report but during course of investigation, the name of this petitioner and co-accused, Rakesh Kumar surfaced in this case. It also appears that the statements of two witnesses were recorded u/S 164 of the Cr. P.C. but both the aforesaid witnesses made contradictory statements. One witness, namely, Pankaj Kumar stated that it was co-accused, Rakesh Kumar, who opened fire whereas; another witness, namely, Ajeet Kumar stated that it was the petitioner, who made firing. Moreover, co-accused, Rakesh Kumar Yadav has already been admitted to bail by a coordinate

Patna High Court Cr.Misc. No.239 of 2015 (3) dt.29-01-2015 2/2 bench of this court vide order dated 22-10-2014 passed in Cr. Misc. No. 37697 of 2014.

Considering the facts and circumstances of the case as well as submission of the parties, let the petitioner, named above, be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Sandesh P.S. Case No. 08 of 2013 to the satisfaction of Chief Judicial Magistrate, Bhojpur at Ara. (Hemant Kumar Srivastava, J) A.K.V./- U T