Patna High CourtCR. MISC./48029/2017bail granted

Sailesh Yadav v. The State Of Bihar

2018-01-02Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48029 of 2017 Arising Out of PS.Case No. -12 Year- 2017 Thana -BANDIYA District- AURANGABAD ====================================================== Sailesh Yadav Son of Indra Deo Yadav, R/o Village- Chapra, P.S.- Bandeya , District- Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tej Narayan Singh For the Opposite Party/s : Mr. Sri Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02-01-2018 Heard the learned counsels for the petitioner and for the State.

The petitioner seeks bail in connection with Bandeya P.S. Case No. 12 of 2017 dated 16.06.2017 instituted for the offences under Sections 341, 323, 353, 385, 427, 435, 504, 506 and 34 of the Indian Penal Code and Section 17 of the Criminal Law Amendment Act.

The petitioner is not named in the FIR and his name transpired only in the confessional statement of co-accused persons. The allegation in the FIR is of putting on fire an equipment which is meant for cleaning of the canal, on refusal of the workers to disclose the whereabouts of the operator of the equipment and the contractor.

Patna High Court Cr.Misc. No.48029 of 2017 (3) dt.02-01-2018 The petitioner is in custody since 21.06.2017. Learned counsel for the petitioner has submitted that beyond the aforesaid material viz. the confession of a co-accused, there is no evidence against the petitioner justifying his incarceration in custody. The petitioner was earlier made accused in another case in which he is on bail. Other accused persons of this case have also been granted bail by different Benches of this Court.

Regard being had to the facts aforesaid, the petitioner above named is directed to be released on bail on his furnishing bail bond in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Aurangabad in connection with Bandeya P.S. Case No. 12 of 2017.

(Ashutosh Kumar, J) KKSINHA/- U T