Dunmun Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.622 of 2017 Arising Out of PS.Case No. -61 Year- 2016 Thana -HASPURA District- AURANGABAD ====================================================== Dunmun Yadav, S/o Deni Yadav, resident of Village- Koilawan, P.S.- Haspura, District- Aurangabad.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Bipin Kumar For the Opposite Party/s : Mr. Sri Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 11-01-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Haspura P.S. Case No. 61 of 2016 instituted for the offence punishable under Sections 386, 406, 420/34 of the Indian Penal Code. The informant in his written statement before S.H.O. of Haspura P.S. has stated that he had engaged one Ramakant Yadav (co-accused) for his construction work which was being carried out in rural area and the said Ramakant Yadav engaged this petitioner and one Satendra Singh for the said work. In course of business transaction, this petitioner and other co-accused demanded ransom and further forcibly captured his land and started cultivating.

Contention of the petitioner is that this petitioner is a poor

Patna High Court Cr.Misc. No.622 of 2017 (2) dt.11-01-2017 2/2 man and was engaged by Ramakant Yadav. Considering his antecedent, his anticipatory bail prayer was rejected which is mentioned at paragraph 2 of the bail petition. The main accused Ramakant Yadav, who was engaged by the informant has been allowed anticipatory bail by a Co-ordinate Bench of this Court vide order dated 23.08.2016 passed in Cr. Misc. No. 31114 of 2016. The petitioner is remained in custody since 26.10.2016. Learned APP, on the other hand, opposed the submissions. Considering the facts and circumstances of the case and similarly situated co-accused person of this case has been allowed anticipatory bail, I am inclined to extend him the privilege of bail. Let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Sri Gaurav Anand, J.M. 1st Class, Daud Nagar in Haspura P.S. Case No. 61 of 2016 subject to the condition that:

(i) The petitioner shall appear in person on each date fixed at the trial. In case of default in appearance on two consecutive dates, the trial court shall have liberty to cancel his bail bonds.

rohit/- (Sanjay Kumar, J) U T