Subodh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55469 of 2017 Arising Out of PS. Case No.-49 Year-2017 Thana- DHARHARA District- Munger ====================================================== Subodh Yadav S/o late Lakhan Yadav R/o Village - Chharra Pattee Shivkund, P.S. Dharhara, District - Munger.

... ... Petitioner

Versus

The State of Bihar.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Nawal Kishore Singh, Adv.

For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 17-11-2017 At the very outset, learned counsel for the petitioner submits that in paragraph-3 of the petition, incorrectly Dharhara P.S. Case No.40/2017 has been written as 14/2017 and, as such, he requests for allowing him to make correction. The prayer is allowed.

It may be done in course of the day.

Heard Sri Nawal Kishore Singh, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, who is in custody since 08.08.2017 in Dharhara P.S. Case No.49/2017 registered for the offence under Sections 147,148,149, 341, 323,504,506, 307, 379 of the Indian Penal Code and Section 27 of the Arms Act, has prayed for grant of bail.

By way of referring to the F.I.R. learned counsel for the

Patna High Court Cr.Misc. No.55469 of 2017(2) dt.17-11-2017 2/2 petitioner submits that in the F.I.R. five persons were arrayed as accused and against five accused persons, similar accusation was made. He submits that out of five F.I.R. named accused persons, three have already been granted bail by the court below, however the petitioner's prayer for bail was rejected considering the fact that the petitioner has earlier been made accused in other cases.

Considering the fact that exactly on similar accusation, other accused persons have been granted bail as well as the petitioner has remained in custody for some period, there is no reason to deny the prayer for bail of the petitioner. Accordingly, let the petitioner, namely, Subodh Yadav 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 A.C.J.M.1st Munger in connection with Dharhara P.S. Case No.49/2017.

(Rakesh Kumar, J) nawalkrs/- U T