Sikandar Yadav @ Sikendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33929 of 2014 Arising Out of PS.Case No. -152 Year- 2013 Thana -BIHRA District- SAHARSA ======================================================

1. Sikandar Yadav @ Sikendra Yadav Son of Moti Lal Yadav @ Latter Yadav Resident of Village - Hari Nagar, Bhairma, P.S. - Ghailad, District - Madhepura .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.46567 of 2014 Arising Out of PS.Case No. -152 Year- 2013 Thana -BIHRA District- SAHARSA ======================================================

1. Yogendra Yadav @ Bhutto Yadav Son of Late Motilal Yadav @ Lelhu Yadav Resident of village- Chairaiya, Hari Nagar, P.S.- Gailar, DistrictMadhepura

2. Yogendra Yadav @ Bhutto Yadav Son of Late Motilal Yadav @ Lelhu Yadav Resident of village- Chairaiya, Hari Nagar, P.S.- Gailar, DistrictMadhepura .... .... Petitioner/s

Versus

1. The State of Bihar

2. The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 20-01-2015 Both the above stated petitions arise out of Bihra P.S.Case No. 152 of 2013 registered under sections 395 and 397 of the Indian Penal Code and accordingly both the above stated petitions are being disposed of by this common order. Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Admittedly, the fardbeyan of the informant was recorded on 07.08.2013 and in the said fardbeyan the informant

Patna High Court Cr.Misc. No.33929 of 2014 (3) dt.20-01-2015 2/2 did not disclose the name of any dacoits but when the further statement of informant was recorded, he disclosed the name of petitioners and some others and after that some witnesses also claimed to have identified the petitioners and others. Learned counsel appearing for the petitioners submits that prior to institution of this case, petitioners were dragged in some cases by the local police and when the investigating officer of the present case, visited the house of the informant, the said investigating officer pressurized the informant and other witnesses to disclose the names of petitioners and others. It is further contended by him that having considered the aforesaid facts a Bench of this Court had already been granted privilege of bail to co-accused Chichai Yadav vide order dated 04.12.2013 passed in Cr. Misc. No.50219 of 2013.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Saharsa in connection with Bihra P.S.Case No. 152 of 2013.

(Hemant Kumar Srivastava, J) Namita/- U T