Deepak Yadav @ Chobhan And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54713 of 2016 Arising Out of PS.Case No. -441 Year- 2016 Thana -BUXAR District- BUXAR ====================================================== 1.

Deepak Yadav @ Chobhan, son of Jag Narayan Yadav, resident of Mohalla-Budhan Purawa, Buxar, Police Station-Buxar (Town), District-Buxar 2.

Kaish Khan, son of Md. Harun Khan, resident of village-Baraki Sarimpur, Police Station- Buxar (Ind.) District-Buxar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nil Kamal, Advocate For the Opposite Party/s : Mr. Smt. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-12-2016 Heard learned counsel for the petitioners and the learned APP for the State.

The petitioners seek bail in connection with Buxar (T) P.S. Case No. 441 of 2016 registered for the offences punishable under Sections 406, 420 and 120(B)/34 of the Indian Penal Code.

The petitioners were arrested from the spot.

It has been submitted on behalf of the petitioners that only allegation against the petitioners is that they along with others were playing gambling in the hotel room, which was booked in the name of one Anand Shankar Ojha and for that another case Buxar (Town) P.S. Case No. 440 of 2016 has been filed for the same incident and they have already been granted

Patna High Court Cr.Misc. No.54713 of 2016 (2) dt.20-12-2016 2/2 bail in the aforesaid case vide order dated 29.11.2016 by another co-ordinate Bench of this Court in Criminal Miscellaneous No. 51160 of 2016. So far this case is concerned, there is no allegation against the petitioners under Section 420, 406 and 120(B)/34 of the Indian Penal Code rather it is against the co-accused and the petitioners are in custody since 21.09.2016.

Heard the learned APP also.

Having heard both sides, in view of the allegation as well as F.I.R. and also considering the fact that in another case of similar incident, the petitioners have already been granted bail by another co-ordinate Bench of this Court, let the petitioners be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the each amount to the satisfaction of the learned Chief Judicial Magistrate, Buxar in connection with Buxar (Town) P.S. Case No. 441 of 2016.

(Vinod Kumar Sinha, J) ajaypd./- U T