Bimlesh Kumar @ Bimlesh Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.2564 of 2017 (3) dt.02-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2564 of 2017 Arising Out of PS.Case No. -178 Year- 2014 Thana -KARPI District- JEHANABAD ====================================================== Bimlesh Kumar @ Bimlesh Yadav, Son of Mahesh Yadav, resident of Village- Balaura, Police Station- Karpi (Banshi O.P.), in the District of Arwal.

.... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ranjeet Kumar For the Opposite Party/s : Mr. Smt Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 02-03-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Karpi P.S. Case No. 178 of 2014 registered for the offence punishable under Section 302 of the Indian Penal Code.

The first information report is against unknown, the offence alleged is murder and from the impugned order it reveals that the material available against the petitioner is only suspicion. Submission is that similarly situated co-accused Pramod Kumar @ Pramod Kumar Yadav has been allowed bail vide order dated 21.02.2017 passed in Cr. Misc. No. 8306 of 2017 and the petitioner is suffering in custody since 10.08.2016. Learned APP fairly submits that co-accused Pramod Kumar has been allowed bail by another co-ordinate Bench of this

Patna High Court Cr.Misc. No.2564 of 2017 (3) dt.02-03-2017 Court.

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, Arwal in connection with Karpi P.S. Case No. 178 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