Gopal Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55169 of 2015 Arising Out of PS.Case No. -14 Year- 2014 Thana -SHERGHATI District- GAYA ======================================================
1. Gopal Yadav son of Talkeshwar Yadav Resident of village- Kharauna Police Station- Magadh University, District- Gaya. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shailesh Kumar For the Opposite Party/s : Mr. N.K.Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 22-04-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.
The petitioner seeks bail in a case for the offence punishable under section 394 of the I.P.C Allegedly, four unknown miscreants after assaulting the informant fled away with the Tempo of the informant. During investigation the name of the petitioner transpires in the confessional statement of co-accused Munna Yadav. Submission is of false implication and, as submitted, the petitioner has not been put on the test identification parade, nothing has been recovered from his conscious possession, the petitioner is in custody since 03.03.2015, co-accused Munarik Yadav has already been allowed bail vide Cr. Misc. No. 8733 of
Patna High Court Cr.Misc. No.55169 of 2015 (6) dt.22-04-2016 2/2 2015 and as such the petitioner also deserves sympathetic consideration.
The learned A.P.P. fairly submits that other coaccused has been allowed bail. In the facts and circumstances as stated above, the petitioner is also directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M. Sherghati, Gaya in Sherghati (Dobhi) P.S. Case No. 14 of 2014, 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 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) Abhay/- U T