Laxman Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8826 of 2019 Arising Out of PS. Case No.-80 Year-2018 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== Laxman Yadav, aged ab out 30 years, Male, Son of Ram Narayan Yadav Resident of Village- Bela Yakub, Police Station- Bahadurpur, DistrictDarbhanga. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Syed Ashfaque Ahmad, Adv.
For the Opposite Party/s :
Mr.Sanjay Kumar Singh (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 28-02-2019 Heard learned counsel for petitioner and learned counsel for the State.
Petitioner, who is in custody, seeks bail in connection with Sessions Trial No. 445 of 2018 (arising out of Sadar P.S. Case No. 80 of 2018 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 302 and 120 (B) of the Indian Penal Code and Section 27 , 25(1B), a, 26 and 35 of the Arms Act. Allegation in brief is that informant's brother was assaulted and killed by accused persons including petitioner in conspiracy with each other.
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.8826 of 2019(3) dt.28-02-2019 2/3 falsely implicated in this case. There is no material in the case diary to show the complicity of this petitioner in the above crime. Similarly placed co-accused have been granted bail by co-ordinate bench of this court as contained in Annexures-1, 3, 3/1, 3/2, 3/3 and 3/4. Petitioner is in custody since 18.03.2018. 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 learned 1st Additional Sessions Judge, Darbhanga, in connection with Sessions Trial No. 445 of 2018 (arising out of Sadar P.S. Case No. 80 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.8826 of 2019(3) dt.28-02-2019 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