In an oral order, the High Court of Patna enlarged the petitioner on bail on the ground of parity with other co-accused who had been granted bail in similarly circumstanced cases, directing him to furnish a bond with two sureties.
The petitioner is enlarged on bail by furnishing a bond of Rs. 10,000 with two sureties of like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.80312 of 2018
Arising Out of PS. Case No.-371 Year-2017 Thana- FATEHPUR District- Gaya
======================================================
Rakesh Kumar son of Ramchandra Mistri, Resident of Village-Ichcha, Police Station- Fatehpur And District- Gaya.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Manish Kumar No2 For the Opposite Party/s : Mr.Sri Binod Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER
2 30-01-2019
Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.
Petitioner is in custody in connection with Fatehpur P.S. Case No. 371 of 2017 for the offence under sections 302, 201, 120(B) and 34 of the Indian Penal Code.
Learned counsel for the petitioner submits that petitioner has no criminal antecedent.
Learned counsel further submits that similarly circumstanced other co-accused namely, Anil Yadav, Bhola Yadav and Ankit Yadav have been granted bail by different benches of this Court in Cr. Misc. Nos. 8121 of 2018, 47816 of 2018 and 65579 of 2018 vide order dated 5.3.2018, 26.9.2018 and 2.11.2018 respectively.
Considering the fact that similarly circumstanced
Patna High Court Cr.Misc. No.80312 of 2018(2) dt.30-01-2019 2/2
other co-accused have been granted bail on the ground of parity, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrat-Xth, Gaya, in connection with Fatehpur P.S. Case No. 371 of 2017.
(Anil Kumar Upadhyay, J)
Ravi/-
U T
1 issue framed by the court
Whether the petitioner should be granted bail on the ground of parity with other co-accused similarly circumstanced cases.
Rakesh Kumar
The State of Bihar
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
