Pinku Yadav @ Pigo Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.6022 of 2016 (3) dt.05-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6022 of 2016 Arising Out of PS.Case No. -72 Year- 2015 Thana -SURYAGARHA District- LAKHISARAI ======================================================

1. Pinku Yadav @ Pigo Yadav, Son of Late Yogi Yadav, Resident of Village- Kharrah, P.S.:- Surajgarha, District:- Lakhisarai..... .. Petitioner

Versus

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

For the Petitioner/s : Mr. Ambika Bhagat For the Opposite Party/s : Mr. Pranav Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 05-04-2016 Heard learned counsel for the petitioner and learned APP for the Sate.

The petitioner seeks bail in connection with Surajgarha P.S. Case No. 72 of 2015 registered for the offences punishable under Sections 302, 201, 120B of the Indian Penal Code. Allegedly, the petitioner took away the husband of the informant forcibly for thrashing and thereafter, the petitioner and other co-accused killed him by throwing him in the thrashing machine.

Submission is of false implication and that the informant is not the eye witness, there is no specific allegation, from perusal of paragraph 21 of the case diary it would appear that it was an accidental death and in this case co-accused Sumit yadav and Bipin Yadav have been allowed bail by different Benches of this Court and as such the petitioner having clean antecedent also

Patna High Court Cr.Misc. No.6022 of 2016 (3) dt.05-04-2016 deserves sympathetic consideration as chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence to which learned APP fairly submits that two co-accused have been allowed bail by different Benches of this Court.

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 the learned Chief Judicial Magistrate, Lakhisarai in connection with Surajgarha P.S. Case No. 72 of 2015, 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