Bachandeo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2413 of 2016 Arising Out of PS.Case No. -21 Year- 2015 Thana -LAXMIPUR District- JAMUI ====================================================== Bachandeo Yadav, Son of late Taken Yadav, Resident of Village- Sahiya, P.S.- Jhajha, District- Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Irshad, Advocate For the Opposite Party/s : Mr. Narsingh Tanti(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-03-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Laxmipur P.S. Case No. 21 of 2015 registered for the offences punishable under Sections 364(A) and 458/34 of the Indian Penal Code. Allegedly, 10-11 miscreants kidnapped Harishchandra @ Harish Yadav and took away towards forest. During investigation the victim was released and the name of the petitioner transpired in the statement of spy and further co-accused also stated the name of the petitioner.

Submission is of false implication and that the petitioner is in custody since 19.08.2015 but he has not been put on TIP, victim has not stated the name of the petitioner before the

Patna High Court Cr.Misc. No.2413 of 2016 (3) dt.15-03-2916 2/2 police and further he has not been examined under Section 164 Cr.P.C. and the petitioner has got criminal antecedent and, as such, he has been implicated. Other co-accused Nundeo Yadav and Laldeo Yadav have already been allowed bail and, as such, the petitioner deserves sympathetic consideration to which the learned A.P.P. opposes.

In the facts and circumstances stated above, the petitioner, above named, is also 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 the learned S.D.J.M., Jamui in connection with Laxmipur P.S. Case No. 21 of 2015 subject to the conditions that one of the bailors must be 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) sushma/- U T