Surendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42775 of 2015 Arising Out of PS.Case No. -13 Year- 2015 Thana -MEN P.S. District- GAYA ======================================================

1. Surendra Yadav son of Abdhesh Yadav resident of Village - Dihura Tola, Dariyapur Kutwar, P.S. - Alipur, District - Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dudh Nath Singh For the Opposite Party/s : Mr. Yogendra Kr. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 17-09-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner is not named in the first information report and according to prosecution case itself, the informant is not an eye witness of the alleged occurrence and he gave information to police in respect of the alleged occurrence in the next morning of the present occurrence.

It appears that in course of investigation, some witnesses stated about the involvement of the petitioner in the alleged crime but had the petitioner been involved in the present crime, the aforesaid witness could have disclosed the name of the petitioner to informant prior to the institution of the present case. Moreover, having more or less similar allegation, one co-accused

Patna High Court Cr.Misc. No.42775 of 2015 (2) dt.17-09-2015 2/2 has already been granted privilege of bail.

Accordingly, petitioner named above, is directed to be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Men P.S. Case No. 13 of 2015 to the satisfaction of learned Judicial Magistrate-Ist Class, Gaya.

(Hemant Kumar Srivastava, J) A.K.V./- U T