Patna High CourtCR. MISC./48041/2016bail granted

Yogendra Sharma v. The State Of Bihar

2016-12-13Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48041 of 2016 Arising Out of PS.Case No. -25 Year- 2014 Thana -KUCHAIKOTE District- GOPALGANJ ====================================================== Yogendra Sharma, Son of Roshan Sharma, resident of Village- Khajuri, P.S.- Kuchaikote, District- Gopalganj.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Ranjan Kumar Srivastava, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 13-12-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 03.08.2016 in connection with Kuchaikote P.S. Case No. 25 of 2014 for the alleged offences under Sections 364, 302/34, 120B and 379 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated on mere suspicion and there is no eye-witness to the alleged occurrence. The body of the deceased has been found from near the canal (Nahar). It is submitted that similarly situated coaccused, namely, Satyendra Kushwaha @ Satyendra Bhagat and Binay Kushwaha @ Binay Bhagat have been granted bail by this Court in Cr. Misc. No. 5715 of 2015. The petitioner is on bail in other cases in which he has been made accused.

4. Having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Kuchaikote P.S. Case No. 25 of 2014 on the following conditions -

Patna High Court Cr.Misc. No.48041 of 2016 (3) dt.13-12-2016 2/2 (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) B.T/Chandran U T