Sugrib Yadav @ Shambhu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6939 of 2019 Arising Out of PS. Case No.-538 Year-2017 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== SUGRIB YADAV @ SHAMBHU YADAV, aged about 23 years (Male), son of Rambilash Yadav, resident of Village - Kaithma, P.S. Muffasil, DistrictBegusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Ranjan, Adv.

For the Opposite Party/s :

Mr.Bal Mukund Prasad Sinha (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-02-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Muffasil P.S. Case No. 538 of 2017, registered for the offences punishable under Sections 302, 147, 148 and 149 of the Indian Penal Code and Section 27 of the Arms Act. As per F.I.R., on the order of Balmiki Yadav, FIR named accused persons fired at the father of the informant, who later on, succumbed to the injuries. There is no allegation of firing by petitioner. Allegation of assaulting by iron rod is not supported in post-mortem report.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case due to enmity and village politics. Similarly placed co-accused has been granted bail by co-

Patna High Court Cr.Misc. No.6939 of 2019(2) dt.18-02-2019 2/2 ordinate bench of this court as contained in Annexure-3. Petitioner has no criminal antecedent and is in custody since 03.12.2018.

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/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with Muffasil P.S. Case No. 538 of 2017, subject to 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 Court and his absence on two consecutive dates without sufficient reasons, his 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) Rajiv/- U T