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Patna High CourtCR. MISC./6711/2018bail granted

Sri Niwash Yadav @ Sri Niwas Yadav v. The State Of Bihar

2018-02-05Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6711 of 2018 Arising Out of PS.Case No. -251 Year- 2012 Thana -GOPALPUR District- BHAGALPUR ======================================================

1. Sri Niwash Yadav @ Sri Niwas Yadav, Son of Sabhapati Yadav @ Shobhapati Yadav, Resident of Village- Bhawanipur, Police StationGopalpur (Rangara), District- Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Kamlesh Kumar Pathak, Advocate For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 05-02-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody in connection with Gopalpur (Rangra) P.S. Case No.251 of 2012, a case under Sections 365/120B of the Indian Penal Code. Subsequently, offence under Sections 364/302/201/34 of the Indian Penal Code was added.

Name of the petitioner had transpired in the confessional statement of co-accused Arbind Yadav and Suman Bharti. The petitioner is not named in the F.I.R. Arbind Yadav has already been allowed bail in Cr. Misc. 50508 of 2012 for the reason that though he was named in the F.I.R. Only material against him was suspicion. Similarly, co-accused Suman Bharti

Patna High Court Cr.Misc. No.6711 of 2018 (2) dt.05-02-2018 P2/ was allowed bail in Cr. Misc. No.13748 of 2013 by another coordinate Bench of this Court.

Considering the aforesaid fact, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with the aforesaid case, with condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Mkr./- U T