Arun Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2204 of 2019 Arising Out of PS. Case No.-179 Year-2008 Thana- ISLAMPUR District- Nalanda ====================================================== Arun Yadav aged about 33 years Gen-Male s/o Late Ram Ishwar Singh @ Ishwar Gope, Resident of Village-Mushahari, P.S.- Islampur, Distt.Patna ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shyamal Prakash, Adv.
For the Opposite Party/s :
Mr. Uday Chand Prasad (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 08-02-2019 Heard learned counsel for the petitioner and learned counsel for the State.
Petitioner seeks bail in Islampur P.S. Case No. 179/2008 corresponding to Sessions Trial No. 350/2018, registered for the offences punishable under Sections 302, 201 and 34 of the Indian Penal Code.
Allegation against the petitioner and other co-accused persons is of committing murder of informant's son. It has been submitted on behalf of the petitioner that petitioner has been falsely implicated in this case on mere suspicion. There is no eye-witness of the occurrence. There is no material which shows involvement of this petitioner in the alleged occurrence. Petitioner is in custody since 27.04.2018. Considering the facts aforesaid, the petitioner above-
Patna High Court Cr.Misc. No.2204 of 2019(3) dt.08-02-2019 2/2 named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000 (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Sessions Judge, Hilsa, Nalanda in connection with Islampur P.S. Case No. 179/2008 corresponding to Sessions Trial No. 350/2018, subject to the conditions:- (i) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned. (ii) 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 absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
(iii) 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) vinita/- U T