Suresh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33960 of 2018 Arising Out of PS. Case No.-5 Year-2017 Thana- MANPUR District- West Champaran ====================================================== Suresh Yadav, Son of Bedar Yadav, Resident of Village- Bairiya, Police Station- Sahodra,District- West Champaran.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Anil Kumar, Adv.

For the Opposite Party/s :

Mr. None.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 25-06-2018 Heard Sri Anil Kumar, learned counsel for the petitioner. None appeared on behalf of the State. The petitioner has renewed his prayer for bail in view of observation given by a Bench of this Court on 16.10.2017 in his earlier bail petition i.e. Cr.Misc.No.47619 of 2017.

Earlier, while rejecting the prayer for bail of the petitioner, this Court had granted liberty to the petitioner to renew his prayer for bail. The petitioner is in custody since 07.07.2017 in Manpur P.S. Case No.5 of 2017 registered for the offence under Sections 341, 323, 380, 384, 504, 506, 427/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that of

Patna High Court Cr.Misc. No.33960 of 2018(2) dt.25-06-2018 2/3 course, in paragraph-3 of the petition, it has been indicated that the petitioner is accused in about seven cases, but he has drawn my attention to the statement made in paragraph7 of the petition to show that except one , all other cases were instituted as per instance of one Raj Kishore Prasad, who is also instrumental in the present case. Learned counsel for the petitioner has also drawn my attention to Annexure-3 to the petition to show that at least other five F.I.R. accused of the present case, after rejection of the prayer for bail of the petitioner, were extended the privilege of anticipatory bail vide Cr.Misc.No.57752 of 2017.

Be that as it may, in view of the fact that while rejecting the prayer for bail, this Court had granted liberty to the petitioner to renew his prayer for bail after five months , which period has already expired as well as some other accused in similar circumstances have already been granted anticipatory bail after rejecting his prayer for regular bail, there is no reason to further detain the petitioner in custody.

Accordingly, let the petitioner, namely, Suresh Yadav be released on bail on furnishing bail bond of

Patna High Court Cr.Misc. No.33960 of 2018(2) dt.25-06-2018 3/3 Rs.10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-Vth , West Champaran at Bettiah in connection with Manpur P.S. Case No.5 of 2017. (Rakesh Kumar, J) nawalkrs/- U T