Bhagat Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.4047 of 2017 (3) dt.30-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4047 of 2017 Arising Out of PS.Case No. -55 Year- 2016 Thana -CHOUTARWA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Bhagat Yadav, S/o Yadu Yadav, R/o village- Garib Shahi, P.SBathwariya, District- West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 30-03-2017 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Chautarwa (Bathwariya) P.S. Case No. 55 of 2016 registered for the offences punishable under Sections 363, 364 and 365 of the Indian Penal Code.

Allegedly, the petitioner and other co-accused came at the house of the informant and took away Ramchandra Yadav, the uncle of the informant thereafter, the motorcycle of uncle of the informant was found and later on his dead body was also recovered.

Submission is of false implication and that besides suspicion there is nothing against the petitioner. During investigation nothing has come, chargesheet has already been submitted and there is no chance of tampering with the

Patna High Court Cr.Misc. No.4047 of 2017 (3) dt.30-03-2017 prosecution evidence. Similarly situated co-accused Chhota Yadav has already been allowed bail vide Criminal Miscellaneous No. 30628 of 2016 by another co-ordinate Bench of this Court and, as such, the petitioner also deserves sympathetic consideration. The learned A.P.P. fairly submits that Chhota Yadav has been allowed bail.

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 the like amount each to the satisfaction of the learned A.C.J.M.-1st, Bettiah, West Champaran in connection with Chautarwa (Bathwariya) P.S. Case No. 55 of 2016 subject to the 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) sushma/- U T