Panchu Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.55779 of 2016 (3) dt.17-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55779 of 2016 Arising Out of PS.Case No. -289 Year- 2015 Thana -GOPALPUR District- BHAGALPUR ====================================================== Panchu Yadav, Son of Late Chalitar Yadav, resident of VillageBhawanipur, Police Station- Gopalpur, (Rangra), District- Bhagalpur. ... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Dilip Kumar For the Opposite Party/s : Mr. Sri Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-01-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Gopalpur P.S. Case No. 289 of 2015 registered for the offences punishable under Sections 302, 201, 120B/34 of the Indian Penal Code and Section 27 of the Arms Act.

On behalf of the petitioner it is submitted that the petitioner has been made accused only on suspicion. During investigation also only it has come that the deceased had gone with one co-accused Bedo Yadav. With Bedo Yadav there was some animosity of the deceased. Besides that no other material has come during investigation also and in this case similarly situated co-accused Govind Yadav has been allowed regular bail by another co-ordinate Bench of this Court and further Pintu @

Patna High Court Cr.Misc. No.55779 of 2016 (3) dt.17-01-2017 Prashant Yadav has been allowed regular bail by the court below itself in the light of observation of this Court. Learned APP opposes the prayer of bail but he is not in a position to distinguish the case of the petitioner from that of coaccused Govind Yadav and Pintu @ Prashant Yadav. In the facts and circumstances stated above, the petitioner above named is 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 Additional Chief Judicial Magistrate, Naugachia, Bhagalpur in connection with Gopalpur P.S. Case No. 289 of 2015, subject to the conditions that one of the bailors must be a 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) avin/- U T