Rakesh Yadav @ Bindu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12310 of 2021 Arising Out of PS. Case No.-59 Year-2020 Thana- BUNIYAD GANJ District- Gaya ====================================================== RAKESH YADAV @ BINDU YADAV S/O RAM DYAL YADAV @ RAMDAYAL KUMAR R/O VILLAGE-KUKIYASIN, P.S.- BUNIYADGANJ, DISTRICT-GAYA, BIHAR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Sharma For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-06-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner and the State. The petitioner prays for grant of bail in a case initially, registered for the offence punishable under sections 279 and 304A of the Indian Penal Code and subsequently, sections 379 and 411 IPC were also added.

As per prosecution case, on 27.04.2020 at about 1.00 am, this petitioner came to the house of the informant by driving the tractor and took the husband of the informant (deceased). In the morning, she came to know that the said tractor was over-turned near the bank of Falgu river and her husband died due to accident.

During course of investigation, it came to light that the tractor driven by the petitioner was stolen one for which

Patna High Court CR. MISC. No.12310 of 2021(2) dt.29-06-2021 2/3 Nawada (Mufassil) P.S. Case no. 27/2020 was lodged. It is submitted on behalf of the petitioner that the tractor was purchased from one Rajo Singh of village Yodhapur on payment of Rs 4 lakh 50 thousand and the said tractor was not stolen tractor. It is further submitted that it is a case of accidental death and petitioner had no such motive or intention. Petitioner is in custody since 02.09.2020. Investigation is complete.

Considering the facts and circumstances and period of custody of the petitioner, this bail application is allowed. Let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate, VIII, Gaya in Buniadganj P.S. Case no. 59/2020 on the following conditions.

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move

Patna High Court CR. MISC. No.12310 of 2021(2) dt.29-06-2021 3/3 for cancellation of bail.

(Prabhat Kumar Singh, J) s.hassan/- U T