Ramchandra Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.54804 of 2015 (5) dt.08-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54804 of 2015 Arising Out of PS.Case No. -528 Year- 2013 Thana -BARACHATTI District- GAYA ======================================================

1. Ramchandra Yadav Son of Jagdish Yadav Resident of village - Amkola, P.S. ( Barachatti ) Mohanpur, District - Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhirendra Kumar For the Opposite Party/s : Mr. Md.Nazir Ansari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 08-02-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Barachatti (Mohanpur) P.S. Case No. 528 of 2013 registered for the offences punishable under Sections 147, 148, 149, 302, 326, 307, 379, 435, 120B of the Indian Penal Code, Section 27 of the Arms Act, Section 17 C.L.A. Act and Sections 39, 10, 16, 12, 20, 21, 38 of U.A.P. Act.

Allegedly, Sanjay Yadav, Bhuneshwar Yadav and Surendera Yadav were shot dead and further they snatched licensee rifle, pistol, gold bracelet from Sanjay Yadav and fled away. The petitioner is named along with others that after the crime they were going with rifle and gun.

Patna High Court Cr.Misc. No.54804 of 2015 (5) dt.08-02-2016 Submission is of false implication and that similarly situated co-accused Dukh Haran Manjhi, Sanjay Das, Kaushal Yadav @ Basantjee have already been allowed bail by another coordinate Bench of this Court and the petitioner is suffering in custody since 22.09.2015 having no criminal antecedent to which learned APP is not in a position to distinguish the case of the petitioner from those co-accused.

In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Narendra Pal Singh, J. M. Ist Class, Sherghati, Gaya in connection with Barachatti (Mohanpur) P.S. Case No. 528 of 2013, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) avin/- U T