Bilash Yadav @ Ram Bilash Yadav @ Ram Vilash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9696 of 2019 Arising Out of PS. Case No.-576 Year-2018 Thana- KHAGARIA District- Khagaria ====================================================== Bilash Yadav @ Ram Bilash Yadav @ Ram Vilash Yadav, aged about 55 years (Male), S/o Late Botal Yadav, Resident of village -Purbi Thatha, P>S. Mansi, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mrityunjay Kumar, Adv.

For the Opposite Party/s :

Mr.Rajesh Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 19-02-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Khagaria (Muffasil) P.S. Case No. 576 of 2018 registered for the offences punishable under Sections 302, 201, 120(B)/34 of the Indian Penal Code.

Informant has alleged that his son had gone with tempo but did not return and thereafter his dead body was found in the maize field. He suspected that due to previous enmity with Kailash Yadav and his family he might have been murdered by him with the help of petitioner.

It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been

Patna High Court Cr.Misc. No.9696 of 2019(2) dt.19-02-2019 2/3 falsely implicated in this case due to dirty village politics. Similarly placed co-accused has been granted bail by this court vide order dated 30.01.2019 passed in Cr. Misc. No. 79043 of 2018. Petitioner has no criminal antecedent and is in custody since 25.08.2018 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 Miss Simmi Kujur, learned Judicial Magistrate, 1st Class, Khagaria, in connection with Khagaria (Muffasil) P.S. Case No. 576 of 2018, 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

Patna High Court Cr.Misc. No.9696 of 2019(2) dt.19-02-2019 3/3 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