Rahul Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.5908 of 2019 Arising Out of PS. Case No.-143 Year-2015 Thana- PURNEA SADAR District- Purnia ====================================================== Rahul Yadav Son of Naresh Yadav Resident of Village - Maranga, P.S.- K.Hat (Maranga), Distt.- Purnea.

... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Chandra Shekhar Anand, Adv.

For the Respondent/s :

Mr. Bipin Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-02-2021 The appellant has prayed for bail during pendency of the appeal in connection with Sessions Trial No.521 of 2015, C.I.S. No.484 of 2015, Trial no.444 of 2016 arising out of Sadar (Mufassil) P.S. Case No. 143 of 2015 whereby the appellant was convicted under section 307 of the IPC and sentenced to undergo R.I. for 10 years, for conviction under section 341 I.P.C sentenced to undergo R.I. for one month, for conviction under section 506 I.P.C. sentenced to undergo R.I. for 3 years and for conviction under section 27 of the Arms Act sentenced to undergo S.I. for 3 months.

It is submitted by learned counsel for the appellant that the case of the appellant stands on a better footing to that of co-accused Chhotu Yadav against whom the prosecution case is

Patna High Court CR. APP (SJ) No.5908 of 2019(5) dt.10-02-2021 2/2 of firing. The said Chhotu Yadav has been enlarged on bail during pendency of the appeal vide order dated 6.10.2020 passed in Cr. Appeal (SJ) No.4521 of 2019. The appellant is in custody since 18.8.2018.

The prayer for bail is opposed by learned A.P.P. for the State.

Having heard learned counsel for the parties and on going through the records of the appeal granting bail to coaccused Chhotu Yadav, the Court is inclined to enlarge the appellant on bail.

The appellant is directed to be enlarged on bail during pendency of the instant appeal in connection with Sessions Trial No.521 of 2015, C.I.S. No.484 of 2015, Trial no.444 of 2016 arising out of Purnea Sadar (Mufassil) P.S. Case No. 143 of 2015 on furnishing bail bond of Rs. 10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Vth. Additional District and Sessions Judge, Purnea.

(Partha Sarthy, J) Bibhash/- U T