IN THE HIGH COURT OF JUDICATURE AT PATNA
CR. APP (DB) No.107 of 2010
ARUN KUMAR YADAV
Versus
STATE OF BIHAR
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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