Kailu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3219 of 2023 Arising Out of PS. Case No.-128 Year-2022 Thana- MANPUR District- Nalanda ====================================================== KAILU YADAV Son of Kailash Yadav R/v- Bhourabartar, P.S.- Manpur, District- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Singh For the Opposite Party/s :

Mr. Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 24-04-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Manpur P.S. Case No. 128 of 2022, registered for the offences punishable under Sections 147, 148, 149, 115, 302 of the Indian Penal Code.

As per allegation some altercation took place between co-accused Naro Yadav and son of the informant (deceased) for taking priority in salon for haircut. Thereafter, the five named accused persons including the petitioner came there and at the order of co-accused Naro Yadav, co-accused Bhikhari Yadav inflicted rod blow on the head of the deceased and the latter died during course of treatment.

Patna High Court CR. MISC. No.3219 of 2023(2) dt.24-04-2023 2/3 The learned counsel for the petitioner has submitted that he is innocent and has falsely been implicated. He is neither order giver nor the assailant of the deceased. He is a person of clean antecedent and languishing in custody since 04.06.2022. Considering the above-mentioned facts and circumstances, let the petitioner, above-named, be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-V, Nalanda at Biharsharif in connection with Manpur P.S. Case No. 128 of 2022, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) SONALI/Sudha U T

Patna High Court CR. MISC. No.3219 of 2023(2) dt.24-04-2023 3/3