Patna High CourtCR. MISC./23008/2016bail granted

Manoj Yadav And ANR v. The State Of Bihar

2016-05-25Mr. Justice Chakradhari Sharan Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23008 of 2016 Arising Out of PS.Case No. -66 Year- 2016 Thana -KOILWAR District- BHOJPUR ======================================================

1. Manoj Yadav son of Ram Ashish Yadav resident of village Matukpur, P.S. Barahara, Distt. Bhojpur (Arrah).

2. Shambhu Pandey S/o Jaleshwar Pandey resident of village - Semara, P.S. Koilwar, Distt. Bhojpur (Arrah).

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Chandan Kumar Verma For the Opposite Party/s : Mr. Dr. M.K. Gautam (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 25-05-2016 Heard learned counsel for the parties.

This application for grant of regular bail arises out of Koilwar P. S. Case No. 66 of 2016 disclosing offence under Sections 399,402 of the Indian Penal Code and Section 25(1b)a/26/35 of the Arms Act. Allegedly, the accused persons including the petitioners had assembled to commit dacoity and they started fleeing away after having seen the police. The police party was able to catch hold of three persons including the present two petitioners and one Bhushan Rai. On search, the police recovered from possession of petitioner No.1 a loaded country made pistol and petitioner No.2 one cartridge.

Learned counsel for the petitioners has submitted that coaccused Bhushan Rai has been granted regular bail by this Court by an order dated 01.04.2016 passed in Cr. Misc. No. 13719 of 2016. It has further been submitted that the petitioners have no criminal antecedents and they have been implicated by the police for extraneous considerations.

Be that as it may, in view of the fact that one co-accused Bhushan Rai has been granted regular bail and the petitioners are in custody since 28.01.2016, this application is allowed. Let the petitioners above-named be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Arrah in Koilwar P. S. Case No. 66 of 2016.

This is subject to the condition that the petitioner shall present themselves before the police/court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) ArunKumar/-