Ramesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6371 of 2020 Arising Out of PS. Case No.-281 Year-2019 Thana- MURLIGANJ District- Madhepura ====================================================== RAMESH YADAV S/o Rajendra Prasad Yadav @ Rajendra Yadav R/o village- Jorgama, Ward No. 05, P.S.- Murliganj, District- Mdadhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Uday Chand Prasad For the Opposite Party/s :
Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER (The proceedings of the Court are being conducted through Video Conferencing and the Advocates joined the proceedings through Video Conferencing from their residence.) 08-06-2020 Heard learned counsel for the parties.
Petitioner seeks bail in a case registered for the offence punishable under Sections 341, 324, 326, 307 and 34 of the Indian Penal Code.
Allegation against two unknown accused persons is to have assaulted the grand-son of the informant by sharp cutting weapon as a result of which he died during treatment. It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case. It
Patna High Court CR. MISC. No.6371 of 2020(4) dt.08-06-2020 2/3 has been submitted that petitioner is not named in the FIR and his name has surfaced in this case on the confessional statement made by the co-accused and except said confessional statement, there is no any other incriminating material against the petitioner. Petitioner is next door neighbour of the informant. Petitioner has no criminal antecedent and he is in custody since 26.11.2019.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Murliganj P.S. Case No. 281 of 2019, 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.6371 of 2020(4) dt.08-06-2020 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) Sanjay/- U T