Bablu Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9802 of 2016 Arising Out of PS.Case No. -450 Year- 2015 Thana -KHAZANIHAT District- PURNIA ======================================================
1. Bablu Yadav, Son of Dhaneshwar Yadav,
2. Laxman Yadav, Son of Late Kalanand Yadav, Both residents of village - Binowagram, Police Station - Janki Nagar, District - Purnea. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Shamimul Hoda For the Opposite Party/s : Mr. Meena Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-05-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner is accused in connection with K. Hat P.S. Case No. 450 of 2015, registered under Section 364/34 of the Indian Penal Code.
The allegation of informant, namely, Yogendra Yadav is that on 10.07.2015 some unknown persons came on Scorpio vehicle and kept his son Mantu Kumar in the said vehicle. It is alleged that petitioner along with Jai Prakash Yadav, Laltu Yadav and Rupesh Kumar were present in the said vehicle.
Learned counsel for the petitioners submits that petitioners and the father of the informant belongs to the same panchyat and due to some dispute the petitioners have been falsely implicated in this case. Moreover, the statement of the
Patna High Court Cr.Misc. No.9802 of 2016 (3) dt.02-05-2016 2/2 victim recorded under Section 164 of the Cr.P.C. in which he stated the name of the petitioner and others. Further submission is that Mantu Kumar has disclosed the name of Amod and Laxman boarded him forcibly in the vehicle. Further submission is that similarly situated co-accused Laltu Yadav, Amod Kumar, Rupesh Yadav @ Rupesh Kumar and Jai Prakash Yadav have already been granted privilege of bail by a co-ordinate Bench of this Court vide order dated 30.11.2015 passed in Criminal Misc.No. 43572 of 2015, Criminal Miscellaneous No. 51878 of 2015 and Criminal Miscellaneous No. 57203 of 2015. The petitioners having no criminal antecedent is in custody since 06.01.2016.
Having regard to the facts and the circumstances of the case, the petitioners, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea in connection with K. Hat P.S. Case No. 450 of 2015. Out of two sureties, one surety must be the close relative of the petitioner, who will file an affidavit showing his relation with the petitioner. (Rajendra Kumar Mishra, J) manish/- U T