Anil Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8423 of 2019 Arising Out of PS. Case No.-333 Year-2018 Thana- GHOSI District- Jehanabad ====================================================== Anil Yadav, aged about 28 years, Son of- Late Shyam Bihari Yadav, VillageRatan Bigha, P.S. Ghosi (Okri), District, Jehanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Yadav For the Opposite Party/s :
Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 27-02-2019 Heard learned counsel for the parties.
Petitioner seeks bail in Ghosi (Okari) O.P. P.S. Case No. 333/2018 registered for the offence punishable under Sections 302/34 of the Indian Penal Code.
Informant has alleged that on 25.08.2018 when she was at her parents house, she received an information that his mother-in-law has been killed and her dead body has been thrown on the pitch road. She has further alleged that her mother-in-law was returning from jehanabad to her village and on the way, all FIR named accused persons have killed her. It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case. He is
Patna High Court CR. MISC. No.8423 of 2019(3) dt.27-02-2019 2/3 not named in the F.I.R. Petitioner has no criminal antecedent and he is in custody since 29.08.2018. Similarly placed coaccused Vinod Yadav has already been granted bail by a coordinate Bench of this Court vide order dated 28.01.2019 passed in Cr. Misc. No.4151 of 2019.
Learned counsel for the informant has vehemently opposed the prayer for bail of the petitioner. 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/- with two sureties of the like amount each to the satisfaction of learned A.c.J.M. 1st, Jehanabad in connection with Ghosi (Okari) O.P. P.S. Case No. 333/2018, with following 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 the Court and his absence on two consecutive dates without sufficient reason, 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,
Patna High Court CR. MISC. No.8423 of 2019(3) dt.27-02-2019 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) Sanjay/- U T