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Patna High CourtCR. MISC./51581/2016bail granted

Sanjay Yadav v. The State Of Bihar

2017-01-28Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51581 of 2016 Arising Out of PS.Case No. -65 Year- 2015 Thana -MURLIGANJ District- MADHEPURA ====================================================== Sanjay Yadav, aon of Late Yogi Yadav, resident of village - Pokhram, Police Station Murliganj, District - Madhepura .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Durgesh Kumar, Advocate For the Opposite Party/s : Mr. Rajendra Singh Shastriji, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-01-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Murliganj P.S.Case No. 65 of 2015 registered under Sections 323, 302 and 120B/34 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that even from a perusal of the FIR it appears that only an altercation took place between the petitioner and the informant and later on some accused persons were seen taking toddy in the maize field and thereafter son of the informant was found dead and except that there is nothing against the petitioner and the petitioner is in custody for more than five months.

Heard learned APP also.

Learned APP has not controverted the aforesaid fact.

Patna High Court Cr.Misc. No.51581 of 2016 (3) dt.28-01-2017 2/2 Having heard both sides and considering the fact that except some altercation took place between the petitioner and the informant there is nothing against him and he is in custody for more than five months and further other co-accused having similar allegation, namely, Sunil Kumar Souren has been granted bail by this Court in Cr.Misc. No. 16526 of 2016 by order dated 26.4.2016, let the petitioner, Sanjay Yadav, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhepura, in connection with Murliganj P.S.Case No.

65 of 2015, subject to the conditions that one of the bailors should be a local person having sufficient immoveable properties within the jurisdiction of the court concerned and further the petitioner will co-operate in the trial and make himself available in court on each and every date fixed and in the event of failure on his part to appear before the court on two consecutive dates, his bail bond shall be liable to be cancelled.