Amarjeet Yadav @ Amariya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62741 of 2019 Arising Out of PS. Case No.-23 Year-2017 Thana- NAYA RAM NAGAR District- Munger ====================================================== Amarjeet Yadav @ Amariya Son of Gangeshi Yadav @ Nawal Kishore Yadav Resident of Village - Hasanganj, P.S. - Kazim Bazar, District - Munger. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Yogesh Chandra Verma, Sr. Adv.
Mr. Anuj Kumar, Adv.
For the Opposite Party :
Mr. Ram Priya Sharan Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 28-05-2020 Heard learned counsel appearing for the petitioner as well as learned counsel appearing for the State through video conferencing.
Petitioner is languishing in jail custody since 28.03.2018 in connection with Nayaram Nagar P.S. Case No. 23 of 2017 registered for the offences punishable under Sections 364, 302/34 of the Indian Penal Code and 27 of the Arms Act. Earlier the bail prayer of the petitioner was rejected several times by a co-ordinate Bench of this court. However, it is submitted on behalf of the petitioner that co-accused Subodh Yadav, having more or less similar allegation, has already been granted privilege of anticipatory bail by a co-ordinate Bench of this court vide order dated 28.11.2017 passed in Cr. Misc. No.
Patna High Court CR. MISC. No.62741 of 2019(2) dt.28-05-2020 2/3 33911 of 2017 and similarly, co-accused Rudal Yadav has also been granted privilege of bail by a co-ordinate Bench of this court vide order dated 10.01.2018 passed in Cr. Misc. No. 48374 of 2017. Learned counsel of the petitioner further points out that in course of trial, informant was examined as prosecution witness but he did not name the petitioner which is evident from perusal of impugned order dated 12.07.2019 passed by learned Additional Sessions Judge-III, Munger in Sessions Trial No. 151 of 2018.
No doubt, there appears to be serious allegation of kidnapping and murder but taking note of above stated facts as well as submissions of the parties, I think it proper to release the petitioner on bail. Accordingly, petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-III, Munger in connection with Nayaram Nagar P.S. Case No. 23 of 2017 corresponding to Sessions Trial No. 151 of 2018. However, it is made clear that if the petitioner fails to make available sureties due to lockdown as well as due to prevailing situation, the concerned court shall release the petitioner provisionally on personal bond with condition that
Patna High Court CR. MISC. No.62741 of 2019(2) dt.28-05-2020 3/3 petitioner shall furnish the sureties when lockdown is over. (Hemant Kumar Srivastava, J) shahzad/- U T