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Patna High CourtCR. MISC./33989/2016bail granted

Subhash Yadav v. The State Of Bihar

2016-08-19Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33989 of 2016 Arising Out of PS.Case No. -130 Year- 2014 Thana -CHAUTHAM District- KHAGARIA ======================================================

1. Subhash Yadav Son of Late Maheshwar Yadav Resident of VillageNonha, P.S.- Mansi Dist- Khagaria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Chandra Mohan Jha For the Opposite Party/s : Mr. Sri Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 19-08-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is named in the first information report and the informant claimed to have identified him when the petitioner was fleeing away from the place of occurrence but according to the prosecution case itself, one co-accused Ghoghal Yadav was caught on the spot and the aforesaid co-accused Ghoghal Yadav has already been granted privilege of bail by a co-ordinate Bench of this Court.

No doubt, petitioner carries criminal antecedent of several cases but, admittedly, in this case, neither he was caught on the spot nor anything was recovered from his conscious possession.

Patna High Court Cr.Misc. No.33989 of 2016 (2) dt.19-08-2016 2/2 Accordingly, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the 2nd Additional Sessions Judge, Khagaria, in connection with Session trial no. 27 of 2016, arising out of Chautham P.S.Case No. 130 of 2014, subject to the condition that one of the sureties must be close relative of the petitioner and holder of landed property. (Hemant Kumar Srivastava, J) N.K/- U T