The Patna High Court granted bail to the petitioner, Baijnath Yadav, in a dacoity case under Section 396 IPC, upholding his surrender and noting lack of cogent evidence, while directing surrender conditions.
Released on bail of Rs. 10,000 with two sureties of like amount each, subject to standard conditions.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22827 of 2015 Arising Out of PS.Case No. -92 Year- 1999 Thana -CHOUTARWA DistrictWESTCHAMPARAN(BETTIAH)
====================================================== 1. Baijnath Yadav @ Baidh Nath Yadav S/o Late Indradeo Yadav resident of Bagahwa Tar, P.S.- Dhanha, District- West Champaran. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vijay Kr Singh No. 1 For the Opposite Party/s : Mr. Ajay Kumar Jha(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 7 08-02-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor representing the State. The petitioner seeks bail in connection with Chautarwa P.S. case No. 92/1999 registered for the offence punishable under sections 396 of the Indian Penal Code.
The petitioner is not named in the first information report and it is stated that he has voluntarily surrendered in the court below in March, 2014 and has been remanded in this case on 01.06.2014 and since then he is in custody but he has not been put on test identification parade, similarly situated accused Praduman Yadav, Razai Mian and Wali Yadav have been allowed bail by different Benches of this court, the petitioner also deserves sympathetic consideration as there is no legal and cogent material against him. The statement of Sukhal Das recorded after
Patna High Court Cr.Misc. No.22827 of 2015 (7) dt.08-02-2016
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inordinate delay is not reliable.
Learned A.P.P. opposes the prayer for bail by submitting that the petitioner has got criminal antecedent and he remained absconder since long and further the brother of the deceased has identified this petitioner as one of the accused during the course of dacoity.
In the facts and circumstances stated above considering the period of custody now 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 Sri P. Krishna, Judicial Magistrate, 1st class, Bagaha, West Champaran in connection with Trial No. 2502/ 2014 arising out of Chautarwa P.S. case No. 92 of 1999, subject to the conditions that one of the bailors must be 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)
BKS/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in the offence of punishable under section 396 of the Indian Penal Code considering his custody period and lack of legal material against him.
1 provisions across 1 enactments
Baijnath Yadav @ Baidh Nath Yadav
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
