Bhupneshwar Kumar Yadav @ Bhuneshwar Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 56622 of 2017 Arising Out of PS. Case No.-99 Year-2017 Thana- Ashok Paper Mill District- Darbhanga ====================================================== Bhupneshwar Kumar Yadav @ Bhuneshwar Kumar Yadav S/o Lakshmi Yadav, R/o Village- Korhli, P.S.- Biraul, District- Darbhanga. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Dharmendra Jha For the Opposite Party/s :
Mr. Bisheshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.
04-12-2017 Heard Sri Dharmendra Jha, learned counsel for the petitioner and learned Addl. Public Prosecutor. The sole petitioner, who is in custody since 02-09-2017 in G.O.Excise Case No. 1478 of 2017, arising out of A.P.M. P.S. Case No. 99 of 2017 registered for offence under Sections 279, 337, 338 of the Indian Penal Code and Sections 30 (a), 37(b) of the Bihar Prohibition and Excise Act, 2016, has prayed for grant of bail, primarily on the ground that one of the co-accused, whose case was worst than the petitioner, has been granted bail by the learned court below itself.
Learned counsel for the petitioner submits that vehicle was being driven by co-accused Manoranjan Kumar Yadav, who was also owner of the vehicle, and petitioner was occupant of the vehicle and he was also arrested. He has referred to an order
Patna High Court Cr.Misc. No.56622 of 2017(2) dt.04-12-2017 2/2 dated 16-09-2017 i.e. Annexure 2 to the petition, whereby learned Special Judge has granted bail to the co-accused Manoranjan Kumar Yadav Considering the fact that in similar circumstance the coaccused Manoranjan Kumar Yadav has been granted bail, clean antecedent of the petitioner, as stated in paragraph - 3 of the petition, as well as period of custody, let the petitioner namely Bhupneshwar Kumar Yadav @ Bhuneshwar Kumar Yadav be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 4th Additional Sessions Judge cum Special Judge, Darbhanga in connection with G.O. Excise Case No. 1478 of 2017, arising out of A.P.M. P.S. Case No. 99 of 2017.
(Rakesh Kumar, J.) anay U T