Pankaj Yadav And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.16542 of 2018 (2) dt.26-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16542 of 2018 Arising Out of PS.Case No. -23 Year- 2017 Thana -KAJRAULICHAK District- BHAGALPUR ======================================================

1. Pankaj Yadav, Son of Ganesh Yadav.

2. Arun Yadav, Son of Late Adhiklal Yadav, Both are resident of Gourachauki, P.S.- Kajraili, District- Bhagalpur .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Ajay Kumar Jha, Advocate For the Opposite Party : Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 26-04-2018 Heard counsel for the petitioners and the State. Petitioners are accused in a case registered for offence under sections 307/302 and other allied sections of the IPC and under section 27 of the Arms Act.

Learned counsel for the petitioners submits that the petitioners have no criminal antecedent and they have falsely been implicated in this case as there is no eye witness to the occurrence and no specific role has been attributed to them. He submits that since the informant side was implicated in Kajraili Police Station Case No. 40 of 2017 lodged by one of the coaccused, petitioners and others have falsely been roped in this case. Similarly situated co-accused have already been granted bail vide orders dated 7.7.2017, 19.8.2017 and 13.12.2017, passed in Cr Misc Nos. 29423/2017, 37206/2017 & 57400/2017

Patna High Court Cr.Misc. No.16542 of 2018 (2) dt.26-04-2018 respectively. Petitioners are in custody since 7.6.2017 and 12.7.2017 respectively.

Considering the aforesaid submissions, prayer for bail of both the petitioners is allowed. Let the petitioners, mentioned above, be released on bail on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate XIV, Bhagalpur in Kajraili Police Station Case No. 23 of 2017 on the following grounds:- (a) One of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how he is related with the petitioners. The bailor will also undertake to inform the Court if there is any change in the address of the petitioners and (b) The Petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.

(Madhuresh Prasad, J) Shashi.

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