Gautam Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.741 of 2019 Arising Out of PS. Case No.-109 Year-2017 Thana- PARBATTA District- Khagaria ====================================================== Gautam Kumar Yadav, aged about 19 years, son of Anil Yadav, Resident of Village- Naya Gawon, P.S.- Parwatta, District- Khagaria ... Petitioner

Versus

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

For the Petitioner :

Mr. Ranjit Jha, Adv.

For the Opposite Party :

Smt. Nirmala Kumari, APP 167 ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 26-06-2019 Heard the learned counsel for the petitioner and the learned counsel appearing for the State.

The petitioner seeks bail in connection with S. Tr. No. 6 of 2018 arising out of Parwatta P.S. Case No. 109 of 2017 for the offences alleged under Sections 363, 364, 302 and 201/34 of the Indian Penal Code.

The petitioner's prayer for bail was earlier rejected earlier on 04.05.2018.

It is submitted by the petitioner, referring to statement made in paragraph 6 of his application that co-accused, against whom same allegations were levelled, namely, Avinash Kumar @ Minu Kumar, has been granted bail on 10.04.2017. The said fact could not be placed at the time of consideration of the petitioner's bail application earlier on 04.05.2018. The petitioner is a man of clean antecedent and is in custody in connection with this case since 11.05.2017.

Considering the aforesaid submission and to maintain parity, this Court would allow the petitioner's bail application.

Patna High Court CR. MISC. No.741 of 2019(4) dt.26-06-2019 2/2 The petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with S. Tr. No. 6 of 2018 arising out of Parwatta P.S. Case No. 109 of 2017 to the satisfaction of the Fast Track Court, I, Khagaria, or the successor Court, subject to the following conditions :

(1) That one of the bailors will be a close relative of the petitioner, who will give an affidavit giving the genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each and every date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. (Madhuresh Prasad, J) Shamshad/- U T