Patna High CourtCR. MISC./52526/2016bail granted

Yogendra @ Yogindra Sah @ Yogendra Sah And ANR v. The State Of Bihar

2016-12-13Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52526 of 2016 Arising Out of PS.Case No. -113 Year- 2015 Thana -SHAMBHUGANJ District- BANKA =============================================

1. Yogendra @ Yogindra Sah @ Yogendra Sah, Son of Muso Sah,

2. Bhim Sah, Son of Muso Sah, Both are resident of village - Mohanpur, P.S. Shambhuganj, District - Banka .... .... Petitioners

Versus

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

For the Petitioners : Mr. Sanjay Kumar Jha, Advocate. Mr. Satya Veer, Advocate.

For the State : A.P.P.

============================================= CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 13-12-2016 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners are in custody since 14.09.2016 in connection with Shambhuganj P.S. Case No. 113 of 2015 for the alleged offences under Sections 341, 323, 302 and 504/34 of the Indian Penal Code.

3. It is submitted that the petitioners have been falsely implicated as according to the First Information Report, the petitioners were not present at the place of occurrence much less any accusation of overt act being attributed to them. The assault has been alleged against the co-accused Murari Sah, Basuki Sah, Upendra Sah, Funtush Sah and Ram Sharan Sah. The petitioners claim clean antecedents.

4. Having regard to the entirety of the facts and circumstances of the case, let the petitioners above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the

Patna High Court Cr.Misc. No.52526 of 2016 (2) dt.13-12-2016 2/2 satisfaction of learned Sub Divisional Judicial Magistrate, Banka, in connection with Shambhuganj P.S. Case No. 113 of 2015 on the following conditions:

(i) That one of the bailors of each of the petitioners shall be their close relatives.

(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) S.Ali/B.T.

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