Jai Ram Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.8882 of 2016 (2) dt.22-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8882 of 2016 Arising Out of PS.Case No. -276 Year- 2014 Thana -AMARPUR District- BANKA ======================================================

1. Jai Ram Yadav Son of Ganesh Yadav Resident of Village - Gora, P.S. - Banka, District - Banka..... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Md. Nurul Hoda For the Opposite Party/s : Mr. Ram Sumiran Rai(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 22-04-2016 Heard learned counsel for the petitioner and learned APP for the Sate.

The petitioner seeks bail in connection with Amarpur P.S. Case No. 276 of 2014 registered for the offences punishable under Sections 147, 148, 149, 435, 427 of the Indian Penal Code, Section 27 of the Arms Act, Sections 3 / 4 of Damage of Property Act and Section 17 of C.L.A. Act.

The petitioner is not named in the first information report and as submitted during course of investigation his name surfaced in the confessional statement of co-accused Ashok Tanti and except the aforesaid confessional statement there is nothing against the petitioner. It is also submitted that in this case similarly situated co-accused Ranjit Yadav, Manoj Yadav, Anil Yadav and Birendra Kumar Yadav have already been allowed bail by another co-ordinate Bench of this Court and the petitioner has been made

Patna High Court Cr.Misc. No.8882 of 2016 (2) dt.22-04-2016 accused by the Police in several cases and as such he deserves sympathetic consideration to which learned APP does not dispute. In the facts and circumstances stated above, the petitioner above named is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Banka in connection with Amarpur P.S. Case No. 276 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) avin/- U T