Lal Das Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57713 of 2015 Arising Out of PS.Case No. -72 Year- 2015 Thana -SANDESH District- BHOJPUR ====================================================== Lal Das Yadav S/o Late Durga Yadav, Resident of Village- Kusare Maini Tola, P.S.- Sandesh, District- Bhojpur at Ara (Bihar) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Subhash Kumar Mishra For the Opposite Party/s : Mr. Nand Kishore Pd.(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 25-01-2016 Sri Ajay Kumar Singh, learned counsel, intends to file 'Vakalatnama' on behalf of the informant. He may file it in Registry.

Heard Sri Subhash Kumar Mishra, learned counsel for the petitioner, Sri Nand Kishore Prasad, learned A.P.P. as well as Sri Ajay Kumar Singh, learned counsel, who has appeared on behalf of the informant.

The sole petitioner who is in custody in connection with Sandesh P.S. Case No. 72 of 2015 corresponding to G.R. No. 2235 of 2015 registered under Section 302/ 34 of the Indian Penal Code has prayed for grant of bail primarily on the ground that other two accused persons having similar accusation have already been granted bail by this court vide Cr. Misc. No. 42015 of 2015

Patna High Court Cr.Misc. No.57713 of 2015 (2) dt.25-01-2016 2/2 on 4.11.2015. It was submitted by learned counsel for the petitioner that general and omnibus allegation was levelled against all the eight F.I.R. named accused persons and out of them two have already been granted bail and the case of the petitioner is identical to the case of those accused persons who have been granted bail.

Learned counsel for the informant as well as learned A.P.P. were pointedly asked to distinguish the case of the petitioner with the case of the accused persons who have been granted bail, however they were not in a position to distinguish. In view of the fact that having similar accusation two accused persons have been granted bail by this court vide Cr. Misc. No. 42015 of 2015, there is no reason to deny the prayer for bail to the petitioner. Accordingly, let the petitioner Lal Das Yadav be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand ) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Ara in connection with Sandesh P.S. Case No. 72 of 2015 corresponding to G.R. No. 2235 of 2015. (Rakesh Kumar, J) Praful/- U T