Patna High CourtCR. MISC./77124/2018allowed

Binda Yadav @ Bindalal Kumar v. The State Of Bihar

2019-01-10Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77124 of 2018 Arising Out of PS. Case No.-70 Year-2011 Thana- PARAIYA District- Gaya ====================================================== Binda Yadav @ Bindalal Kumar, Son of Prameshwar Yadav @ Khukhu Yadav, Resident of Village-Karhara, P.S.-Tekari, District-Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar, Advocate For the Opposite Party/s :

Smt. Renuka Ratnakar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 10-01-2019 Heard learned counsel for the petitioner and learned learned Additional Public Prosecutor for the State. The petitioner is in custody in connection with Paraiya P.S. Case No. 70 of 2011 for the offenses under Sections 394 and 411 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner has no criminal antecedent. The petitioner is in custody since 2.11.2018. He further submits that co-accused, namely, Shiv Kumar Yadav and another and Pappu Kumar having similar allegations, have been granted bail vide orders dated 5.12.2012, 16.8.2012 and 7.8.2012 in Cr. Misc. Nos. 45803, 27941 and 28687 of 2012 respectively.

Learned counsel for the petitioner further submits that the petitioner was not named in the FIR and his nave surfaced subsequently in the confessional statement. The petitioner has

Patna High Court Cr.Misc. No.77124 of 2018(2) dt.10-01-2019 2/2 been arrested without knowing the fact that he was made accused in the case.

Considering the totality of the fact situation and the fact that the petitioner is in custody since 2.11.2018, let the petitioner, above named, be enlarged on bail after 21.3.2019 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Kumar Gunjan, Judicial Magistrate 1st Class, Gaya in connection with Paraiya P.S. Case No. 70 of 2011.

(Anil Kumar Upadhyay, J) spandey/- U T