Shailendra Yadav @ Surendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55275 of 2016 Arising Out of PS.Case No. -116 Year- 2010 Thana -HALSI District- LAKHISARAI ======================================================

1. Shailendra Yadav @ Surendra Yadav, S/o Chhotan Yadav, resident of Village- Titaychak, P.S.- Chanan, District- Lakhisarai. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Devendra Prasad Singh For the Opposite Party/s : Mr. Madhuranand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 22-12-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. The petitioner is in custody in Halsi P.S.Case No.116/10 registered for the offence punishable under Section 302/34 of the I.P.C. and Section 27 of Arms Act. The accusation is of murder.

The submission of the petitioner is that he is not named in the F.I.R. but his name has transpired from confessional statement of co-accused, Shibu Yadav. He further submits that some other similarly situated co-accused have been allowed bail by other coordinate Bench of this Court vide orders dated 27.7.2011, 11.12.2012 passed in Cr.Misc. No.18621/11 and Cr.Misc.No.35113/12 respectively. Petitioner is in custody since

Patna High Court Cr.Misc. No.55275 of 2016 (2) dt.22-12-2016 2/2 23.6.2016 and on oath he has stated that he has no criminal antecedent.

Looking to the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the C.J.M., Lakhisarai, in Halsi P.S. Case No.116 of 2010.

(Birendra Kumar, J) AnilKrSinha/- U T