Lalan Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.766 of 2017 (3) dt.29-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.766 of 2017 Arising Out of PS.Case No. -65 Year- 2014 Thana -HULASGANJ District- JEHANABAD ======================================================

1. Lalan Yadav Son of Ram Bhajan Yadav resident of Village- Ibrahimpur, Police Station- Hulasganj, in the district of Jehanabad. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ranjeet Kumar For the Opposite Party/s : Mr. Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 29.03.2017 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Earlier prayer for bail of the petitioner was rejected by this court but submission on behalf of the petitioner is that petitioner is in jail custody since 30.3.2016 and having similar allegation co-accused Munarik Yadav has already been granted privilege of bail by this court vide order dated 29.9.2016 passed in Cr. Misc. no. 28372/2016. Trial court has reported that charge against the petitioner was framed on 17.8.2016 but even after issuance of summons and other processes not a single witness could be examined on behalf of the prosecution.

Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of this fact that the present case hinges upon circumstantial evidence, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two

Patna High Court Cr.Misc. No.766 of 2017 (3) dt.29-03-2017 sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Jehanabad in Hulasganj P.S. Case no. 65/2014. shahid (Hemant Kumar Srivastava,J) U T