← Library
Patna High CourtCR. MISC./22398/2017allowed

Anil Kumar Yadav v. The State Of Bihar

2017-06-07Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22398 of 2017 Arising Out of PS.Case No. -237 Year- 2016 Thana -MAHARAJGANJ District- SIWAN ====================================================== Anil Kumar Yadav, son of Ramaji Yadav @ Ramaji Roy, resident of village Barahiya Tola, Balau, P.S. Maharajganj, District- Siwan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar, Advocate For the Opposite Party/s : Mr. Sri Sanjay Kumar Tiwary 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 07-06-2017 Heard learned counsel for the petitioner and the State.

The petitioner is in custody in connection with Maharajganj P.S. Case No. 237 of 2016 for the offences under Sections 363, 365/34 of the Indian Penal Code. The date of occurrence is 23rd of November, 2016 whereas the FIR was registered on 26th of November, 2016. Perusal of the FIR reveals that the petitioner appears to be the associate of accused Ravi Pandey, against whom the allegation of kidnapping of the daughter of the informant is leveled.

The petitioner is in custody since 26.11.2016. He has enclosed disability certificate at Annexure-2 to the petition to demonstrate that he is physically handicapped. The petitioner has

Patna High Court Cr.Misc. No.22398 of 2017 (2) dt.07-06-2017 2/2 stated in para-3 of the petition that he has no criminal antecedent. In para-12, it has been stated that the similar circumstanced coaccused Birendra Sah has already been granted bail on 8.4.2017 by this Court in Cr. Misc. No. 16114 of 2017. Considering the aforesaid facts and circumstances, I am inclined to enlarge the petitioner, above named, 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 A.C.J.M.-V, Siwan or the successor Court in connection with Maharajgnj P.S. Case No. 237 of 2016, subject to the condition that the petitioner will extent full cooperation in conclusion of the trial and will not, in any manner, influence the witnesses. (Anil Kumar Upadhyay, J) S.Pandey/- U T