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Patna High CourtCR. MISC./34321/2015bail granted

Ravi Yadav v. The State Of Bihar

2015-12-16Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34321 of 2015 Arising Out of PS.Case No. -78 Year- 2014 Thana -SONO District- JAMUI ======================================================

1. Ravi Yadav Son of lala Yadav Resident of Village Tamhan P.s Charkapathar, (Sono), District Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar Sinha For the Opposite Party/s : Mr. Abhay Kumar 1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 16-12-2015 Heard the learned counsel for the petitioner as well as the learned A.P.P.

The petitioner seeks bail in a case for the offences punishable under sections 147, 148, 149, 427, 353, 379, 384 and 121 A of the I.P.C and sections 16, 17, 18, 19, 20, 21 and 22 of U.P.A.Act.

Allegedly, 20-25 miscreants in police dress after making slogans snatched the mobile of son of the informant who was driving J.C.B. machine and further burnt J.C.B. machine due to non fulfillment of demand of levy and it is stated that they were talking with each other after taking name and the petitioner was also named.

Submission is of false implication and that the prosecution story appears not probable and reliable, the informant

Patna High Court Cr.Misc. No.34321 of 2015 (4) dt.16-12-2015 2/2 is not an eye witness rather the son of the informant was driving the J.C.B machine, the petitioner has been made victim of police atrocity, nothing tangible material has come during investigation and the petitioner is suffering in custody since 05.02.2015 and in other cases the petitioner is on bail.

The learned A.P.P. opposes prayer for bail.

In the facts and circumstances as stated above, considering that against the petitioner there is no specific allegation and further by remaining in custody the petitioner has been sufficiently penalized, charge sheet has already been submitted and as such the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the District & Sessions Judge, Jamui in U.A.P. Case No. 17 of 2015 arising out of Sono (Charkapathar) P.S. Case No. 78 of 2014, 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) Abhay/- U T