Rajan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14171 of 2017 Arising Out of PS.Case No. -149 Year- 2016 Thana -TRIVENIGANJ District- SUPAUL ======================================================

1. Rajan Yadav, Son of Bindeshwari, resident of village- Dinamo, P.S.- Kusheshwarsthan, District- Darbhanga.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Amar Nath Yadav For the Opposite Party/s : Mr. Smt. Anusuiya Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 22-05-2017 Heard learned counsel for the petitioner as well as learned A.P.P. for the State.

The petitioner seeks bail in connection with Triveniganj P.S. Case No. 149/2016, registered for the offences punishable under Sections 363 and 364 of the Indian Penal Code. Allegedly, FIR named accused Vijay Tanti kidnapped Abhimanyu, son of the informant. During investigation the name of the petitioner transpired because SIM of the petitioner was used in the mobile set of the victim.

Submission is of false implication and that Vijay Janti, named in the First Information Report, has been granted anticipatory bail by a Co-ordinate Bench of this Court in Cr. Misc. No. 52251/2016. The petitioner is said to be in custody since

Patna High Court Cr.Misc. No.14171 of 2017 (5) dt.22-05-2017 2/2 01.12.2016. The petitioner has got no criminal antecedent. Similarly situated co-accused Shatrughan Yadav has already been allowed bail vide Cr. Misc. No. 8847/2017 and as such, the petitioner also deserves sympathetic consideration. Learned A.P.P. fairly submits that Shatrughan Yadav has been allowed regular bail, whereas, Vijay Tanti has been allowed pre-arrest bail.

In the facts and circumstances stated above, the petitioner, above named, is also 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, Supaul in connection with Triveniganj P.S. Case No. 149/2016, subject to the conditions that one of the bailors must be 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.) Rakhi U T