Bikarama Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34931 of 2015 Arising Out of PS.Case No. -62 Year- 2014 Thana -JADOPUR District- GOPALGANJ ====================================================== Bikarama Yadav Son of Late Moti Yadav, Resident of Village - Bagaha,P.S. - yadopur, District - Gopalganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shailendra Kumar Dwivedi For the Opposite Party/s : Mr. Ataur Rahman(App) For the Informanmt : Mr. Satyendra Rai ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 19-08-2015 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State as well as learned counsel for the informant.

The petitioner is in custody since 17.08.2014 in connection with a case registered for the offence punishable under Sections 147,148,149,302,307,341,323,504 and 506 of the Indian Penal Code.

Learned counsel for the petitioner submits that earlier the bail application of the petitioner was rejected on the premise that the petitioner had given the order leading to the act of Mar-pit which finally resulted into the death of the deceased Raja Yadav, father of the informant.

Learned counsel for the informant submits that there is no further material in the bail application to re-consider the case of

Patna High Court Cr.Misc. No.34931 of 2015 (3) dt.19-08-2015 P2/2 the petitioner. However, since the diary was called for and which has since been received, it appears that at various places some of the witnesses have supported that the petitioner was mere a bystander whereas at other places it is submitted that he came after the occurrence.

Considering the materials which has surfaced in the case diary and which was not earlier considered while rejecting the bail application, let the petitioner Bikarama Yadav, is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the each amount to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj in connection with Yadopur P.S. Case No. 62 of 2014.

It is however, made clear that since the trial is already in progress, the petitioner shall co-operate and shall not absent himself in trial for two dates consecutively. If it so happenes, then it will be open to the informant to move trial Court for seeking appropriate direction ensuring presence of the petitioner. (Anjana Mishra, J) Saif/- U T