Upendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 27063 of 2018 Arising Out of PS. Case No.-30 Year-2018 Thana- Begusarai Muffasil District- Begusarai ====================================================== Upendra Yadav S/o Late Baldeo Yadav, R/o Vill.- Kanhaul, P.S.- Muffasil, District- Begusarai.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abdul Manan Khan Mr. Md. Najmul Hodda For the Opposite Party/s :
Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 04-05-2018 Heard Mr. Abdul Manan Khan, learned counsel assisted by Mr. Md. Najmul Hodda, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, who is in custody since 17-02-2018 in Begusarai Mufassil P.S. Case No. 30 of 2018 registered for offence under Sections 341, 342, 323, 307, 506 of the Indian Penal Code and Section 27 of the Arms Act, 1959, has prayed for grant of bail primarily on the ground of parity. By way of referring to statement made in paragraph - 12 of the petition, it was submitted that co-accused Mahavir Yadav, Pago Yadav and Rajo Yadav were already granted bail by the court below itself. It was argued that petitioner's case is almost similar to the case of co-accused, who were granted bail.
Patna High Court Cr.Misc. No.27063 of 2018(2) dt.04-05-2018 2/2 Besides this, it has been argued that there is case and counter case in between the parties and in the present case, there is general and omnibus allegation.
Be that as it may, considering the fact that some of the co-accused almost in similar circumstances have been granted bail and there was case and counter case in between the parties, there is no reason to refuse the prayer for bail of petitioner. Let the petitioner namely Upendra Yadav be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Smt. Sweta Graiwal, learned Judicial Magistrate 1st Class, Begusarai in connection with Begusarai Mufassil P.S. Case No. 30 of 2018.
(Rakesh Kumar, J.) anay U T