Patna High CourtCR. MISC./16788/2018bail granted

Shiv Kumar Yadav v. The State Of Bihar

2018-04-26Mr. Justice Madhuresh Prasad2 pages

Patna High Court Cr.Misc. No.16788 of 2018 (3) dt.26-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16788 of 2018 Arising Out of PS.Case No. -2 Year- 2006 Thana -PARAIYA District- GAYA ====================================================== Shiv Kumar Yadav S/o Late Dudheshwar Yadav Resident of Village - Khaira, P.S. - Paraiya, District - Gaya .... .... Petitioner

Versus

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

For the Petitioner : Mr. Lilawati Singh, Advocate For the Opposite Party : Mr. Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 26-04-2018 Heard counsel for the petitioner and the State. Petitioner is an accused in a case registered for offence under sections 147, 148, 149, 341, 342, 436, 427 and 353 of the IPC and section 17 of the Cr.L.A.Act.

Learned counsel for the petitioner submits that the allegation is against 100 persons and there is no specific allegation against the petitioner who has falsely been implicated in this case because of having criminal antecedent. Till date he has not been put on TI parade and similarly situated co-accused Ram Pyare yadav @ Ram Pyare Jadab has already been granted bail vide order dated 9.2.2018, passed in Cr Misc No. 4349/2018. Prior to the lodging of this case, he is accused in two other cases detailed in para 3 of the petition. Petitioner is in custody in connection with this case since 31.10.2017. Considering the aforesaid submissions, prayer for bail of

Patna High Court Cr.Misc. No.16788 of 2018 (3) dt.26-04-2018 the petitioner is allowed. Let the petitioner, mentioned above, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gaya in Paraiya Police Station Case No. 02 of 2006 on the following grounds:- (a) One of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner and (b) The Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Shashi.

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