Patna High CourtCR. MISC./51494/2014bail granted

Bhola Yadav v. The State Of Bihar

2015-03-03Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51494 of 2014 Arising Out of PS.Case No. -2 Year- 2006 Thana -RAFIGANJ District- AURANGABAD ======================================================

1. Bhola Yadav S/o Munarik Yadav R/o village - Labhari, P.S. Rafiganj, district - Aurangabad .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Lal Bahadur Singh For the Opposite Party/s : Mr. Binod Kr. 2(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-03-2015 Heard the learned counsel for the petitioner as well as the learned A.P.P.

The petitioner seeks bail in a case for the offences punishable under sections 307, 399, 402 and 353 of the I.P.C and section 150 of Railway Act.

At the very out set it has been submitted that in this case similarly situated co-accused Bharat Yadav has already been allowed bail vide order dated 08.10.2010 passed in Cr. Misc. No. 37188 of 2010 vide Annexure-2 and further Ramesh Yadav has been allowed bail vide Cr. Misc. No. 41049 of 2010 by order dated 14.03.2011 by another Benches of this Court and name of the petitioner does not appear in the FIR and he has been implicated on the basis of suspicion and he does not bear the

Patna High Court Cr.Misc. No.51494 of 2014 (2) dt.03-03-2015 2/2 criminal antecedent. Without any cogent and legal evidence he is suffering in custody since 26.03.2014.

In the facts and circumstances as stated above, the petitioner is 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 the Additional District & Sessions Judge-III, Aurangabad in Rafiganj P.S. Case No. 02 of 2006, 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