Patna High CourtCR. MISC./12079/2016bail granted

Ganouri Yadav v. The State Of Bihar

2016-05-03Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.12079 of 2016 (3) dt.03-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12079 of 2016 Arising Out of PS.Case No. -21 Year- 2015 Thana -LAXMIPUR District- JAMUI ======================================================

1. Ganouri Yadav, Son of Late Parmeshwar Yadav, Resident of VillageRajpura, P.S & District- Jamui. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satya Prakash Parasar For the Opposite Party/s : Mr. M. Rab (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-05-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Sessions Trial No. 256 of 2015 arising out of Laxmipur P.S. Case No. 21 of 2015 registered for the offences punishable under Sections 364(A), 458/34 of the Indian Penal Code and 3⁄4 Explosive Substance Act.

Allegedly, 10-11 miscreants kidnapped Harish Chandra @ Harish and took away towards forest. During investigation the victim was released and the name of the petitioner transpired in the statement of spy and further coaccused also stated the name of the petitioner. Submission is of false implication and that the petitioner is in custody since 28.06.2015, no witness has stated

Patna High Court Cr.Misc. No.12079 of 2016 (3) dt.03-05-2016 the name of the petitioner, the victim has also not stated the name of the petitioner and further the petitioner has not been put on T.I.P. other co-accused namely Bachandeo Yadav, Nundeo Yadav and Laldeo Yadav have already been allowed bail and as such the petitioner also deserves sympathetic consideration. Learned A.P.P. opposes the prayer of bail by submitting that the petitioner has got criminal antecedent and he has confessed his guilt also.

In the facts and circumstances stated above, considering the detention of the petitioner, he is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Sessions Judge-1, Jamui, in connection with Sessions Trial No. 256 of 2015 arising out of Laxmipur P.S. Case No.21 of 2015, subject to conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J.) Amit/- U T