Patna High CourtCR. MISC./1254/2016bail granted

Santosh Yadav @ Santosh Kumar Yadav v. The State Of Bihar

2016-04-18Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1254 of 2016 Arising Out of PS.Case No. -202 Year- 2014 Thana -GUTHNI District- SIWAN ======================================================

1. Santosh Yadav @ Santosh Kumar Yadav S/o Ayodhaya Yadav R/o Kharika tola, Police Station- Guthani, District Siwan. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Surinder Kumar For the Opposite Party/s : Mr. Arbind Kumar Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-04-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

Prayer for bail of the petitioner was earlier rejected by order dated 06.02.2015 passed in Cr. Misc. No. 4512 of 2015 along with other co-accused Ayodhaya Yadav and Vijay Yadav. Thereafter, Ayodhaya Yadav has been allowed bail by order dated 23.11.2015 passed in Cr. Misc. No. 47122 of 2015. Submission is that the allegation against the petitioner and Ayodhaya Yadav is similar and as such now the petitioner being in custody since 23.10.2014 also deserves sympathetic consideration, charge sheet has already been submitted and there is no chance of tampering with the prosecution evidence. The learned A.P.P. fairly submits that the co-accused

Patna High Court Cr.Misc. No.1254 of 2016 (5) dt.18-04-2016 2/2 Ayodhaya Yadav has been allowed bail.

In the facts and circumstances as stated above, the petitioner is also directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge, FTC-I, Siwan in S.Tr. No. 45 of 2015 arising out of Guthani P.S. Case No. 202 of 2014, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Abhay/- U T