Dharmendra Kumar @ Langara v. The State Of Bihar

Patna High Court Cr.Misc. No.6895 of 2016 (2) dt.01-03-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6895 of 2016 Arising Out of PS.Case No. -16 Year- 2015 Thana -BHAGWANGANJ District- PATNA ======================================================

1. Lal Mohan Yadav Son of Chhathu Yadav resident of village - Kalluachak, P.S. Karauna, District - Jehanabad .... .... Petitioner

Versus

1. The State of Bihar .... .... Opposite Party ====================================================== with Criminal Miscellaneous No.6923 of 2016 Arising Out of PS.Case No. -16 Year- 2015 Thana -BHAGWANGANJ District- PATNA ======================================================

1. Dharmendra Kumar @ Langara Son of Shyamdeo Singh resident of Village - Nadauna, P.S. - Bhagwanganj, District - Patna... .... Petitioner

Versus

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

(In Cr.Misc. No.6895 of 2016) For the Petitioner/s : Mr. Ajay Kumar Sinha For the Opposite Party/s : Mr. Ram Chandra Singh (App) (In Cr.Misc. No.6923 of 2016) For the Petitioner/s : Mr. Ajay Kumar Sinha For the Opposite Party/s : Mr. Ram Chandra Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 01-03-2016 Above noted both applications have arisen out of one occurrence i.e. Bhagwanganj P.S. Case No. 16 of 215 registered for the offences punishable under Sections 302/201/34 of the Indian Penal Code.

Allegedly, Ram Bilash Thakur, the husband of the informant, was killed and his dead body was found lying 100 yards away from the Bhatti of co-accused Shyamdeo Yadav. It is claimed that the named accused persons having enmity with the husband of the informant have killed her husband and concealed

Patna High Court Cr.Misc. No.6895 of 2016 (2) dt.01-03-2016 the dead body. In the confessional statement of co-accused Gopi Yadav the name of the petitioners also transpired. Submission is of false implication and that there is no eye witness of the alleged occurrence and merely on the basis of suspicion and confessional statement of co-accused the petitioners are suffering in custody and other co-accused namely, Shyamdeo Yadav has been allowed bail and as such the petitioners deserve sympathetic consideration to which learned APP opposes. In the facts and circumstances stated above, the petitioners above named of both the cases are directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Hare Ram, J. M.

Ist Class, Masaurhi, Patna in connection with Bhagwanganj P.S. Case No. 16 of 2015, 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 petitioners shall remain present on each and every date during trial and the default on two consecutive dates on their part without any reason shall disentitle the petitioners from privilege of bail.

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