Patna High CourtCR. MISC./58549/2017bail granted

Sunil Yadav v. The State Of Bihar

2017-12-18Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58549 of 2017 Arising Out of PS.Case No. -12 Year- 2015 Thana -LAXMIPUR District- JAMUI ======================================================

1. Sunil Yadav S/o Dwarika Yadav, R/o Village- Kudila, P.S.- Gidhaur, District- Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar, Advocate For the Opposite Party/s : Mr. Rajballabh Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 18-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 120B, 307, 353, 414 of the Indian Penal Code and Sections 25(1-b)a, 26, 27, 35 of the Arms Act.

It is submitted on behalf of the petitioner that he has been named in the FIR at the instance of other co-accused who has been apprehended at the spot and there is no recovery from the petitioner and petitioner is in custody since 18.03.2015. Learned Additional Public Prosecutor has opposed the prayer for bail.

Having heard both sides. It appears that there is no recovery from possession of petitioner and he has been named

Patna High Court Cr.Misc. No.58549 of 2017 (2) dt.18-12-2017 2/2 in this case at the instance of other co-accused. No doubt from perusal of petition, it appears that petitioner is accused in seven other cases but learned counsel submitted that in all that cases, he is on bail. As such, the bail application of the petitioner is allowed and he is directed to be enlarged on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Session Trial No. 64 of 2016 arising out of Laxmipur Police Station Case No. 12 of 2015, subject to the condition that both the bailors shall be local resident of the territorial jurisdiction of the learned court below having immovable property and the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Kundan/- U T