Chano Yadav @ Chandan Yadav @ Chandramani Yadav v. The State Of Bihar
Patna High Court Cr.Misc. No.34355 of 2016 (5) dt.10-11-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34355 of 2016 Arising Out of PS.Case No. -52 Year- 2011 Thana -BALIA District- BEGUSARAI ======================================================
1. Chano Yadav @ Chandan Yadav @ Chandramani Yadav S/o Hari Yadav R/o Vill- Phulwaria, P.S Ballia, Dist Begusarai,. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kumar Binode Bariar For the Opposite Party/s Mr. Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 05/ 10.11.2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.
Petitioner seeks bail in a case registered under sections 302, 307, 120B/34 of the Indian Penal Code and 27 of the Arms Act. Petitioner is not named in the first information report but in course of investigation the name of the petitioner surfaced in the statement of the witnesses who claimed that after occurrence, they came to know about involvement of the petitioner in the present occurrence.
In para 36 of the case diary, statement of injured- Umesh Paswan has been recorded and the said Umesh Paswan also stated that he came to know about involvement of the petitioner after the occurrence but he did not disclose as to how he came to know about involvement of the petitioner in the present case. Moreover, having more or less similar allegation some co-
Patna High Court Cr.Misc. No.34355 of 2016 (5) dt.10-11-2016 accused have already been granted privilege of bail. No doubt, petitioner carries criminal antecedent but in the present case, except suspicion, there appears to be nothing against the petitioner.
Accordingly, petitioner is directed to be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of Addl. Sessions Judge VI, Begusarai in Sessions Trial no. 930/2011 arising out of Ballia P.S. Case no. 52/2011.
shahid (Hemant Kumar Srivastava,J) U T