Parmanand Yadav @ Lucho Yadav @ Lucho v. The State Of Bihar

Patna High Court Cr.Misc. No.58342 of 2015 (2) dt.01-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58342 of 2015 Arising Out of PS.Case No. -112 Year- 2015 Thana -PARWATTA District- KHAGARIA ======================================================

1. Parmanand Yadav @ Lucho Yadav @ Lucho Son of Siyaram Yadav Resident of village- Salarpur, P.S.- Parbatta, District- Khagaria .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Anil Kumar Choudhary For the Opposite Party/s : Mr. Abhay Kumar Rai (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 01-02-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner seeks bail in connection with Parbatta P.S. Case No. 112 of 2015 registered for the offences punishable under Sections 341, 342, 452, 323, 307, 384, 354 (B)/34 of the Indian Penal Code.

Allegedly, the petitioner, co-accused Gautam Yadav and one unknown entered into the house of the informant, demanded ransom of rupees fifty thousand and further started pressing her neck and closed her in the room but due to alarm being raised, the persons started assembling there and then they got down Raju Kumar aged four years, the son of the informant, on the earth and further co-accused Gautam Yadav snatched ear ring. Submission is of false implication and that as a matter of

Patna High Court Cr.Misc. No.58342 of 2015 (2) dt.01-02-2016 fact the petitioner has given 15 kg. wheat to the informant and when he demanded price of the wheat, she implicated the petitioner, the petitioner is suffering in custody since 04.05.2015 whereas co-accused Gautam Yadav has already been allowed bail by another co-ordinate Bench of this Court.

Learned APP opposes the prayer of bail by submitting that the petitioner has got criminal antecedent.

In the facts and circumstances stated above, considering the period of detention of the petitioner, 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 3rd Additional Sessions Judge, Khagaria in Sessions Case No. 219 of 2015 arising out of Parbatta P.S. Case No. 112 of 2015, 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