Bindeshwar Yadav v. The State Of Bihar
Patna High Court Cr.Misc. No.13322 of 2016 (3) dt.10-05-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13322 of 2016 Arising Out of PS.Case No. -115 Year- 1997 Thana -GOH District- AURANGABAD ====================================================== Bindeshwar Yadav S/o Ram Das Yadav R/o Village - Kunwar Bigha, P.S. - Rafiganj, District - Aurangabad.
.... .... Petitioner
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Dhirendra Kumar Sinha, Advocate. For the Opposite Party : Mr. Renu Kumari (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-05-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.
The petitioner seeks bail in connection with Sessions Trial No. 231A/99/29/12 arising out of Goh P.S. Case No. 115 of 1997 registered for the offences punishable under Sections 396, 397, 364 of the Indian Penal Code and Section 17 of C.L.A. Act. First Information Report is against unknown. During investigation, the name of the petitioner transpires and thereafter charge sheet was submitted showing him absconder in the year 2007. The petitioner has been arrested on 27.10.2015. Submission is of false implication and that he has got no knowledge about the case, he has gone outside to earn his livelihood, he has got no criminal antecedent, he has got no
Patna High Court Cr.Misc. No.13322 of 2016 (3) dt.10-05-2016 concern with Extremist Organization, similarly situated coaccused Vijay Yadav has been allowed bail vide Cri. Misc. No. 45850 of 2015 dated 07.10.2015, other co-accused have also been allowed bail by another co-ordinate Bench of this Court and as such the petitioner deserves sympathetic consideration. 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 like amount each to the satisfaction of learned Additional Sessions Judge-1, Aurangabad, in connection with Sessions Trial No. 231A/99/29/12 arising out of Goh P.S. Case No.
115 of 1997, subject to 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.)