Patna High CourtCR. MISC./48128/2016bail granted

Ranjan Yadav v. The State Of Bihar

2017-01-23Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48128 of 2016 Arising Out of PS.Case No. -214 Year- 2015 Thana -GAYA KOTWALI District- GAYA ======================================================

1. Ranjan Yadav son of Late Rajendra Yadav Resident of Village- Bangla Asthan, New Godown, Police Station- Kotwali, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rahul Nath, Advocate For the Opposite Party/s : Mr. Indra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 23-01-2017 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.

Petitioner is languishing in custody for the offences punishable under Sections 147/148/149/323/302/379 of the Indian Penal Code and Section 27 of the Arms Act. According to F.I.R. the petitioner and some other co-accused dragged Gautam towards the hill and committed his murder and threw the dead body.

Submission of the petitioner is that the allegation against the petitioner is not specific and he is in custody since 08.06.2015. Earlier prayer for bail of the petitioner was refused in Cr. Misc. No. 54866 of 2015 whereas similarly situated some

Patna High Court Cr.Misc. No.48128 of 2016 (3) dt.23-01-2017 2/2 other co-accused have already been allowed bail subsequent thereto as well as by the same order. Reference may be made to Cr. Misc. No.51916 of 2015 whereby co-accused Raushan Kumar @ Chholni was allowed bail, in Cr. Misc. No.38260 of 2015 whereby co-accused Ponga Prasad and another were allowed bail. I do not find any merit to the submission of the learned counsel for the informant, who is to oppose the prayer for bail, that the petitioner is delaying the trial because the petitioner is already in custody.

Considering the facts and circumstances, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya/Successor Court, in connection with Kotwali P.S. Case No. 214 of 2015.

(Birendra Kumar, J) Mkr./- U T