Ram Balak Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5118 of 2015 Arising Out of PS.Case No. -70 Year- 2014 Thana -CHANDRADEEP District- JAMUI ====================================================== Ram Balak Yadav, Son of Mushari Yadav, Resident of Village Bhaluana, P.S Chandradeep District- Jamui.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Umesh Prasad, Advocate For the Opposite Party/s : Mr. Nand Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 27-04-2015 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 302, 120B/34 of the Indian Penal Code.

It is submitted that there is no specific allegation of overt act against the petitioner. Nine persons have been alleged to have shot fire, but from perusal of the post mortem examination report, it appears that the doctor has found only three fire shot injuries. However, after investigation, charge sheet has already been submitted against the accused including the petitioner and there is no chance of tempering with the evidence. The petitioner is an accused in Chandradeep P.S. Case No.48 of 2013 in which he has

Patna High Court Cr.Misc. No.5118 of 2015 (3) dt.27-04-2015 2/2 been granted anticipatory bail. The petitioner has been in custody since 12.10.2014.

Considering the facts and circumstances of the case, let the above-named petitioner be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Sri Lalan Kumar, Judicial Magistrate-1st Class, Jamui in Chandradeep P.S. Case No.70/2014 (G.R.No.1453/14) with the following conditions :

1.

One of the bailors will be the close relative of the petitioner.

2.

The petitioner will not indulge in similar or in any other offence.

3.

The petitioner will be well represented in the court.

4.

In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the court concerned.

(Amaresh Kumar Lal, J) V.K. Pandey/- U T