High Court Patna High Court - Orders

Arun Kumar Yadav vs State Of Bihar on 22 April, 2011

Patna High Court – Orders
Arun Kumar Yadav vs State Of Bihar on 22 April, 2011
                 IN THE HIGH COURT OF JUDICATURE AT PATNA
                           CR. APP (DB) No.107 of 2010
                                ARUN KUMAR YADAV
                                         Versus
                                  STATE OF BIHAR
                                      -----------

4 22/04/2011 I.A. No. 871 of 2011

Heard Mr. Ashok Kumar Jha, learned counsel

for the appellant and learned APP for the State.

This interlocutory application has been filed

for granting bail to the appellant Arun Kumar Yadav.

Earlier his prayer for bail was rejected on 10.2.2010

because the victim has named and identified the

appellant as one of the miscreants.

It has been submitted that subsequent to the

rejection of prayer for bail of the appellant one co-

convict namely, Lalan Kumar Bhartiya @ Lalan Prasad

Bhartiaya has been admitted to bail by this Court vide

order dated 18.3.2011 passed in Cr. Appl. (DB) No. 95

of 2010. It is further submitted that the case of the

appellant is almost on similar footing to the case of

Lalan Kumar Bhartiya who has been admitted to bail.

He is in custody since 4.7.2007 i.e. the date from which

the above named Lalan Kumar Bhartiya was also

detained.

Considering the facts and circumstances of

the case and the fact that co-convict has been admitted
2

to bail, I. A. No. 871 of 2011 is allowed. The appellant

Arun Kumar Yadav, during the pendency of this appeal,

is directed to be released on bail on furnishing of bail

bond of Rs. 10,000/- (ten thousand) with two sureties

of the like amount each to the satisfaction of Sri

Subodh Kumar Srivastava, Additional Sessions Judge,

F.T.C. No. VII/his successor court, Sitamarhi in

Sessions Trial No. 655 of 2007/118 of 2009 with

condition that one of the bailors must be a close

relation of the appellant such as father or brother as he

should give an undertaking that he shall not commit

any offence against the informant and his family. If no

such undertaking is granted, in that case, although the

appellant shall be released on bail on furnishing

requisite bail bonds, he will be required to present

himself in the local police station once every month.

During the pendency of this appeal realization

of fine against the appellant shall remain stayed.

(Shyam Kishore Sharma, J.)

(Gopal Prasad, J.)
avin