Patna High CourtCR. MISC./61152/2021bail granted

Umesh Yadav @ Sadhu Yadav @ Langara Yadav v. The State Of Bihar

2022-03-22Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61152 of 2021 Arising Out of PS. Case No.-221 Year-2016 Thana- RIVILGANJ District- Saran ====================================================== UMESH YADAV @ SADHU YADAV @ LANGARA YADAV S/o Rajendra Yadav Resident of Village- Satdharwa, P.S.- Bhagwan Bazar, District- Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tej Pratap Singh, Advocate For the Opposite Party/s :

Mr.Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-03-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Rivilganj P.S. Case No. 221 of 2016 instituted for the offences under Sections 307, 379 and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is in custody since 06.07.2021, charge-sheet has been submitted in the case and has antecedent of one case. Allegation is of firing at the informant's back by the petitioner and thereafter the petitioner snatched Rs. 20,000/- from the informant and Rs. 20,000/- from the partner of the informant namely, Shivji Pandey.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.61152 of 2021(2) dt.22-03-2022 2/2 date of occurrence is 25.09.2016 and the F.I.R. was instituted on 04.11.2016 i.e. after a delay of 42 days without any plausible explanation.

Learned A.P.P. for the State opposes the prayer for bail of the petitioner but is not able to meet the submission of the learned counsel for the petitioner with regard to the delay in instituting the F.I.R.

Considering the fact that the petitioner is in custody, charge-sheet has been submitted in the case and the F.I.R. was instituted after an inordinate delay of 42 days, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned J.M.-1st Saran at Chhapra in connection with Rivilganj P.S. Case No. 221 of 2016.

(Satyavrat Verma, J) Rishi/- U T