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Patna High CourtCR. MISC./44876/2014bail granted

Chamru Yadav v. The State Of Bihar

2015-02-04Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44876 of 2014 Arising Out of PS.Case No. -97 Year- 2013 Thana -BIHARIGANJ District- MADHEPURA ====================================================== Chamru Yadav , son of Late Biro Yadav, resident of village - Mohanpur Chaumukh, Gopi Tola, Police Station Bihariganj, District Madhepura .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shailendra Kumar Singh For the Opposite Party/s : Mr. Madhuranand Jha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 04-02-2015 Heard learned counsel for the petitioner and learned A.P.P.

The petitioner, who is in custody in connection with Sessions Trial No. 02(A) / 2014 (arising out of Bihariganj P.S. Case No. 97 of 2013) registered for the offence under Section 302, 364, 120B , 201 / 34 of the Indian Penal Code, has prayed for grant of bail.

Learned counsel for the petitioner, at the very outset submits that the petitioner has been named as accused in the F.I.R. along with others only on suspicion. There is no indication regarding witnessing the occurrence in respect of death of son of the informant. He has emphatically argued that number of other accused persons similarly situated have been granted bail by this court vide Annexure - 2 Series. He submits that by order dated

Patna High Court Cr.Misc. No.44876 of 2014 (2) dt.04-02-2015 2/2 27.1.2014 passed in Cr. Misc. No.47414 of 2013 accused Meena Devi, in Cr. Misc. No. 51823 of 2013 three accused persons namely Bindeshwari Yadav, Suman Yadav and Ranjit Yadav and vide Cr. Misc. No.22991 of 2014 accused Dayee Rani Devi and Manju Devi have already been extended the privilege of bail. So far accused Dayee Rani Devi and Manju Devi are concerned, they were extended privilege of anticipatory bail. In view of the facts and circumstances particularly the fact that other similarly situated persons have been granted bail, there is no reason to deny the prayer for bail to the petitioner. Let the petitioner Chamru Yadav be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge - 1, Madhepura in connection with S.T. No. 02(A) of 2014 arising out of Bihariganj P.S. Case No. 97 of 2013.

(Rakesh Kumar, J) Praful/- U T