Patna High CourtCR. MISC./24789/2017bail granted

Mithilesh Kumar Yadav And ANR v. The State Of Bihar

2017-07-05Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.24789 of 2017 (2) dt.05-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24789 of 2017 Arising Out of PS.Case No. -179 Year- 2016 Thana -KISHUNPUR District- SUPAUL ======================================================

1. Mithilesh Kumar Yadav Son of late Paresh Yadav

2. Shrawan Kumar Yadav Son of Yoganand Yadav Both the resident of Village- Manikpur, P.S. Narpatganj, Distt. Araria,. .... .... Petitioners

Versus

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

For the Petitioner : Mr. Chandra Mohan Jha, Advocate For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 05-07-2017 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners who are in custody since 26.08.2016 have renewed their prayer for bail in connection with Kishanpur P.S. Case No. 179 of 2016 for the offences alleged under Sections 47A of the Bihar Excise (Amendment) Act, 2016 having earlier been rejected by this Court by order dated 13.12.2016 in Criminal Miscellaneous No. 47868 of 2016.

3. Learned counsel for the petitioners submits that similarly situated co-accused Niraj Kumar whose bail petition had been rejected along with the present petitioners in Cr. Misc. No. 47868 of 2016 has since been granted bail by this Court in Cr. Misc. No. 18306 of 2017.

Patna High Court Cr.Misc. No.24789 of 2017 (2) dt.05-07-2017

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case as well as the period of custody since 26.08.2016 already suffered by the petitioners, let the petitioners above named be released on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul in connection with Kishanpur P.S. Case No. 179 of 2016. (Vikash Jain, J) Chandran/BT U T