Devendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4413 of 2019 Arising Out of PS. Case No.-13 Year-2018 Thana- JAIPUR District- Banka ====================================================== Devendra Yadav, age 25 years (M), S/o Sadhu Yadav R/o village- Kaladinda, P.S- Jaipur District- Banka.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Mukherjee For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 31-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Jaipur P.S. Case No. 13 of 2018 registered for the offence punishable under Sections 302, 201 and 120 (B) of the Indian Penal Code.

Informant in his written complaint has stated that he received information that his son Khemlal Yadav has been murdered and his dead body has been thrown by the side of the road and on receiving such information he along with covillagers reached at the place of occurrence and found that he has been murdered by sharp cutting weapon. Informant has suspected that FIR named accused, Dablu Kumar, who are agnates of informant had dispute with respect to one shop and petitioner being one of his friends, in connivance with him, murdered his son.

Patna High Court Cr.Misc. No.4413 of 2019(2) dt.31-01-2019 2/2 It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case mainly on the basis of suspicion and except suspicion there is no other incriminating material against the petitioner. Petitioner has got no criminal antecedent and is in custody since 07.09.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 1st, Banka, in connection with Jaipur P.S. Case No. 13 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) 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 his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) ranjan/manojU T