Dharmendra Yadav @ Dharmendra Kumar Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.15432 of 2017 (2) dt.18-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15432 of 2017 Arising Out of PS.Case No. -215 Year- 2016 Thana -MAJHAHGARH District- GOPALGANJ ====================================================== Dharmendra Yadav @ Dharmendra Kumar Yadav Son of Bigan Yadav, Resident of Village-Ahirwalia, P.s. Manjhagarh, District Gopalganj .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Naresh Prasad For the Opposite Party/s : Mr. Sri Indra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-04-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Manjhagarh P.S. Case No. 215 of 2016 registered for the offences punishable under Sections 379, 411/34 of the Indian Penal Code. Allegedly, Appache motorcycle of the informant was stolen away and then, the informant and other villagers started searching the motorcycle and the culprits. The Police was also informed. The villagers told that the petitioner and Rama Tiwary were going with the said motorcycle towards Danapur NH 28 then the informant and others went there and caught the petitioner and coaccused with that motorcycle. Submission is of false implication and that there is enmity between the informant and the petitioner, the petitioner has got no

Patna High Court Cr.Misc. No.15432 of 2017 (2) dt.18-04-2017 criminal antecedent, without any fault he is in custody since 02.12.2016, the petitioner has been made victim of circumstances, co-accused Rama Tiwary has already been allowed bail by the learned court below itself.

Learned APP fairly submits that co-accused Rama Tiwary has been allowed bail vide B. P. No. 267 of 2017. 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 learned Chief Judicial Magistrate, Gopalganj in connection with Manjhagarh P.S. Case No. 215 of 2016, 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