Rajeshwar Yadav @ Rajesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.57094 of 2017 Arising Out of PS.Case No. -4 Year- 2016 Thana -BANDIYA District- AURANGABAD ====================================================== Rajeshwar Yadav @ Rajesh Yadav Son of Shalik Yadav, resident of village - Badhasoti Tiwaribigha, P.S. - Rafiganj, District : Aurangabad. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bachan Jee Ojha, Adv. For the Opposite Party/s : None ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 12-12-2017 Heard learned counsel for the petitioner. Nobody appeared on behalf of the State.
The petitioner seeks bail in connection with Bandeya Police Station Case No. 4 of 2016 registered for the offence under section 414 of the Indian Penal Code.
The informant of this case happens to be Police Officer who conducted a raid and recovered a stolen tractor from the possession of co-accused Nageshwar Yadav. The said Nageshwar Yadav produced a sale certificate of the said tractor and disclosed that he had purchased the said tractor from one Satyendra Yadav after paying consideration amount of Rs.2,60,000/- The allegation against the petitioner is that the said Nageshwar Yadav disclosed that he had purchased the said tractor through this petitioner who
Patna High Court Cr.Misc. No.57094 of 2017 (3) dt.12-12-2017 2/2 happens to be his maternal uncle. The said Nageshwar Yadav has been allowed bail by one of the coordinate Bench of this Court in Cr. Misc. No. 19059 of 2016 on 05.05.2016. It has been submitted that the petitioner having no criminal antecedent, has been languishing in jail custody since 30.06.2017. Further submission is that the case of this petitioner stands on similar footing to the case of co-accused who has already been allowed bail in the aforesaid case and so he also deserves bail.
The learned Additional Public Prosecutor opposed the submission.
Considering the fact that the case of this petitioner stands on similar footing to the case of co-accused who has been allowed bail by one of the coordinate Bench of this Court in the aforesaid case, the prayer for bail of the petitioner is allowed and the above named petitioner is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Bandeya Police Station Case No. 04 of 2016.
(Sanjay Kumar, J) Mahesh/- U T