Mamal Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18483 of 2019 Arising Out of PS. Case No.-219 Year-2007 Thana- MUNGER MUFFASIL District- Munger ====================================================== MAMAL YADAV Son of Late Narayan Yadav Resident of Village - Taufir Pir Pahar, P.S- Muffasil, Distt.- Munger ... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shailendra Kumar For the Opposite Party/s :
Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-05-2019 The petitioner seeks regular bail in connection with Muffasil P.S. Case No. 219 of 2007, registered for offences punishable under Sections 147, 148, 149, 302, 201, 120(B) and 34 the Indian Penal Code.
Allegation as per F.I.R is that 13 to 14 persons came and made indiscriminate firing and in the said firing younger brother of the informant received gun shot injury and died. It has been submitted on behalf of the petitioner is that he is not named in the F.I.R. and has been made accused only on the confession of co-accused. It has also been submitted that after trial some of the co-accused persons were convicted and they have been enlarged on bail by this Court vide order dated 02.07.2010 passed in Cr. Appeal (D.B.) No. 751 of 2010 and vide order dated 22.08.2013 passed in Cr. Appeal (D.B.) No. 347 of 2013 and
Patna High Court CR. MISC. No.18483 of 2019(3) dt.21-05-2019 2/2 petitioner has been in judicial custody since 15.11.2017 and now charge has also been framed and he is ready to abide by any condition imposed on him for grant of bail.
Learned counsel for the State opposed the prayer for bail and submitted that the charge-sheet has been submitted on 08.11.2007 showing the petitioner absconder, thereafter, he was arrested ion 15.11.2017 after ten years, as such he does not deserve to be enlarged on bail.
Having heard both sides, in view of the above facts, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge -II, Munger, in connection with Muffasil P.S. Case No. 219 of 2007, subject to the condition that petitioner will cooperate in disposal of trial and make himself available as and when required by the court below, failing which, the prosecution shall move for cancellation of his bail bonds. (Vinod Kumar Sinha, J) sunilkumar/- U T