Patna High CourtCR. MISC./40215/2018bail granted

Surendra Yadav v. The State Of Bihar

2018-07-13Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40215 of 2018 Arising Out of PS. Case No.-242 Year-2017 Thana- PHULPARAS District- Madhubani ====================================================== Surendra Yadav son of Late Kailu Yadav, Resident of Village- Danda Tol, P.S. Phulparas, District Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hriday Narayan Harshit For the Opposite Party/s :

Mr. Sri S.M. Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-07-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in Phulparas P.S. Case No. 242 of 2017 registered for the offence punishable under Sections 448, 147, 148, 149, 302, 307 and 120(B) of the Indian Penal Code and Section 27 and 25(1-b)a, 26/35 of the Arms Act. It has been submitted on behalf of the petitioner that the petitioner is not named in the FIR. The name of the petitioner has surfaced in this case only on the basis of confessional statement of co-accused Bijay Marshal. Except the confessional statement of co-accused there is no incriminating material against the petitioner. It has been further submitted that similarly situated co-accused persons have been granted bail by a co-ordinate bench of this Court vide orders dated 12.04.2018

Patna High Court Cr.Misc. No.40215 of 2018(2) dt.13-07-2018 2/2 in Criminal Miscellaneous No. 19870 of 2018, 03.05.2018 in Criminal Miscellaneous No. 17487 of 2018 and 04.07.2018 in Criminal Miscellaneous No. 37436 of 2018. Petitioner is in custody since 22.03.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Jhanjharpur, Madhubani, in connection with Phulparas P.S. Case No. 242 of 2017.

(S. Kumar, J) ranjan/- U