High Court Patna High Court - Orders

Sindhyachal Yadav vs State Of Bihar on 6 April, 2011

Patna High Court – Orders
Sindhyachal Yadav vs State Of Bihar on 6 April, 2011
                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                     Cr.Misc. No.41511 of 2010
                      SINDHYACHAL YADAV son of Saral Yadav
                      Resident of village-Ariyaon (Nata Ka Dera),
                      P.O. + P.S.-Krishna Brahma, Dist.-Bihar (Buxar)
                                         Versus
                                  STATE OF BIHAR
                                        -----------

3. 6.4.2011. Heard Mr. Saghir Ahmad, learned counsel for the

petitioner and Mr. A.M.P.Mehta, learned Additional Public

Prosecutor.

The petitioner, who is in custody in connection with

Nokha P.S. Case No.79 of 2010 for the offence under section 414 of

the Indian Penal Code and section 25(1-B)a , 26 and 35 of the Arms

Act since 10th May, 2010, has prayed for grant of bail.

It was submitted by learned counsel for the

petitioner that despite the fact that the petitioner is in custody for

about eleven months, till date charge has not been framed. It was

further submitted that almost on similar situation co-accused,

namely, Ajay Upadhyay @ Jhuna Upadhyay and Manoj Upadhyay

have already been granted bail.

In view of the facts and circumstances of the case

particularly the fact that the petitioner in jail since long and no

progress has taken place, the court is of the opinion that it is a fit

case for extending privilege of bail.

Let the petitioner, above named, be released on bail

on furnishing bail bond of Rs.10,000/- with two sureties of the like

amount each to the satisfaction of Chief Judicial Magistrate, Rohtas

at Sasaram in connection with Nokha P.S.Case No.79 of 2010.

Md.S.                                          ( Rakesh Kumar, J.)