Patna High CourtCR. MISC./48374/2017bail granted

Rudal Yadav v. The State Of Bihar

2018-01-10Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48374 of 2017 Arising Out of PS.Case No. -23 Year- 2017 Thana -NAYA RAM NAGAR District- MUNGER ======================================================

1. Rudal Yadav, Son of Late Kailu Yadav, Resident of Village- Aura Bagicha, P.S.- Dharahara, District- Munger.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 10-01-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is an accused in connection with Nayaram Nagar P. S. Case No. 23 of 2017 registered under Section 364 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioner submits that the prayer for bail of the petitioner was refused on 14.07.2017 on merit. The petitioner is in custody since 15th February, 2017. Further submission is that according to F.I.R., the informant Mantu Yadav along with his cousin, Guddu Yadav was present at the time of occurrence i.e. on 03.02.2017 at 1 A.M. and after kidnapping his brother, Chanchal Yadav by the petitioner and five others and informant reached to his house but

Patna High Court Cr.Misc. No.48374 of 2017 (2) dt.10-01-2018 2/2 he gave his written report on 04.02.2017 at about 9 P.M., after 24 hours while the Police Station is of 20 K. Ms. Away to place of occurrence which create doubt about the alleged occurrence. Further submission is that co-accused, Subodh Yadav has already been allowed privilege of pre-arrest bail vide Cr. Misc. No. 33911 of 2017 and the petitioner is in custody since 15.02.2017.

Having regard the facts and circumstances of case and the period of custody, let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Judge-I, Munger in Sessions Trial No. 219 of 2017 arising out of Nayaram P. S. Case No. 23 of 2017 only the surety that one of the bailors must be close relative of the petitioner.

(Rajendra Kumar Mishra, J) Sudha/- U T