Jhakhri Yadav @ Rajendra Yadav@Jhakhuri Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26825 of 2018 Arising Out of PS. Case No.-275 Year-2016 Thana- MAKHDUMPUR District- Jehanabad ====================================================== Jhakhuri Yadav @ Jhakhri Yadav @ Rajendra Yadav, S/o Late Basudeo Yadav, resident of Village- Bhola Bigha, P.S.- Kurtha, District- Arwal. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Sri Dhirendra Kumar Sinha, Advocate For the Opposite Party/s :

Sri Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 04-05-2018 Heard Sri Dhirendra Kumar Sinha, learned counsel for the petitioner and learned Additional Public Prosecutor. The sole petitioner, who is in custody has prayed for grant of bail in connection with Makhdumpur P.S. Case No. 275 of 2016 , registered for the offences under Sections 302, 201, 120(B) of the Indian Penal Code, 1860.

Learned counsel for the petitioner at the very outset submits that petitioner was not named in the F.I.R., however, during investigation one of the accused namely- Ram Iswar Yadav was arrested and it was alleged that he confessed and disclosed the name of petitioner. Learned counsel for the petitioner has drawn my attention to Annexure - '2' Series particularly, order dated: 12.03.2018 passed in Cr. Misc. No. 13834 of 2018 to show that the accused who confessed and

Patna High Court Cr.Misc. No.26825 of 2018(2) dt.04-05-2018 2/2 disclosed the name of petitioner namely: Ramishwar Yadav has already been granted bail.

Learned Additional Public Prosecutor though opposed the prayer for bail, he was not in position to dispute the fact that co-accused on whose confession petitioner's name has transpired, has already been granted bail. In view of the fact that co -accused who named the petitioner has already been granted bail, there is no reason to further detain the petitioner. Accordingly, let the petitioner Jhakhuri Yadav @ Jhakhri Yadav @ Rajendra 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 S.D.J.M., Jehanabad / concerned court in connection with Makhdumpur P.S. Case No. 275 of 2016. (Rakesh Kumar, J) praful/- U T