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Patna High CourtCR. MISC./30438/2016allowed

Ramanand Yadav v. The State Of Bihar

2017-02-02Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.30438 of 2016 (6) dt.02-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30438 of 2016 Arising Out of PS.Case No. -155 Year- 2009 Thana -CHHATAPUR District- SUPAUL ======================================================

1. Ramanand Yadav Son of Late Hira Lal Yadav, resident of village- Achra, Police Station- Fulkaha, District- Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Rana For the Opposite Party/s : Mr. Sri Ahmad Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 02-02-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner is in custody since 29.12.2015 in connection with Chhatapur P.S. Case No. 155 of 2009 corresponding to G.R. No. 1277(A) of 2009 registered under Sections 395, 412, 215 and 120B of the Indian Penal Code.

The matter relates to taking away of cattle.

Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case due to village politics. No such occurrence as alleged in the F.I.R. has taken place. No recovery has been made from the possession of the petitioner nor T.I.P of this petitioner has been done. Moreover, other co-accused, namely, Upendra Yadav @ Upen Yadav and Jhabbar Marik @ Om Prakash Marit @ Jabbar Yadav have already been granted by a co-ordinate

Patna High Court Cr.Misc. No.30438 of 2016 (6) dt.02-02-2017 Bench of this Court vide Cr. Misc. No. 3234 of 2012 and Cr. Misc. No. 39985 of 2010 respectively and this petitioner, who is 60 years old, is rotting in jail for the last two months.

Considering the facts and circumstances of the case and the nature of accusation, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand rupees only) with two sureties of the like amount each to the satisfaction of the learned J.M., Supaul in connection with Chhatapur P.S. Case No. 155 of 2009 corresponding to G.R. No. 1277(A) of 2009. (Arvind Srivastava, J) brajesh/- U T