Chhotu Yadav @ Purushottam Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23959 of 2018 Arising Out of PS.Case No. -149 Year- 2016 Thana -NAUGACHIA District- BHAGALPUR ====================================================== Chhotu Yadav @ Purushottam Yadav, Son of Ramrati Yadav, Resident of Village- Latra, P.S.- Gopalpur, District- Bhagalpur. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Dinesh Choudhary For the Opposite Party/s : Mr. Sakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-09-2018 Heard learned counsel for the petitioner.

Petitioner prays for bail in connection with Nawgachiya P.S.Case No. 149 of 2016, corresponding to Sessions Trial No. 543 of 2017, registered for the offences punishable under Sections 147, 148, 149, 302, 120B of the Indian Penal Code and 27 of the Arms Act.

Allegation against 12 accused persons, including the petitioner is of indiscriminate firing and causing death. Submission of learned counsel for the petitioner is that allegation of firing is against 12 accused persons, including the petitioner and no specific allegation is attributed against him and moreover he is in custody since 30.3.2017 and similarly situated co-accused, who has been made accused in 14 other cases, has

Patna High Court Cr.Misc. No.23959 of 2018 (5) dt.25-09-2018 2/2 been granted bail by a co-ordinate Bench of this Court vide order dated 12.3.2018 passed in Cr.Misc.No. 41887 of 2017 and petitioner is accused in 18 more cases.

Heard learned APP also.

Having heard both sides and in view of the fact that similarly situated co-accused has been granted bail, who has also criminal antecedents, let the petitioner, named above, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge-I, Nawgachia (Bhagalpur), in connection with Sessions Trial No. 543 of 2017, arising out of Nawgachia P.S.Case No. 149 of 2016, subject to the condition that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned and further condition is that if petitioner is involved in such type of cases in near future, prosecution is given liberty to move for cancellation of his bail bond before the court below. (Vinod Kumar Sinha, J) spal/- U T