Yogendra Biswas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51147 of 2014 Arising Out of PS.Case No. -183 Year- 2014 Thana -BAUSI District- PURNIA ====================================================== Yogendra Biswas, son of Late Chulhai Biswas, resident of village Malhariya, P.S. Baisi, District- Purnea .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ajit Kumar Singh, Adv. For the Opposite Party/s : Mr. Pramod Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE V. NATH ORAL ORDER 04-03-2015 Heard the learned counsel for the petitioner.

Nobody has appeared on behalf of the State to oppose the prayer for bail.

The petitioner is an accused in Baisi P.S.

Case No. 183 of 2014 under Sections 302, 201, 120(B)/34 of the Indian Penal Code.

Mr. Ajit Kumar Singh, learned counsel for the petitioner has submitted that during the course of investigation no material has been found nor any over act has been attributed against the petitioner. It has further been submitted that even in the statement of the co-accused Babli also, it only transpires that this petitioner had directed for feeding the deceased persons and to make arrangement for their sleep. It

Patna High Court Cr.Misc. No.51147 of 2014 (3) dt.04-03-2015 has been pointed out by learned counsel that the materials definitely indicate the complicity of Babli Devi, her husband Raj Kumar Biswas and his two brothers Pinku and Pankaj in the murder of the deceased. It has further been submitted that in course of investigation, no involvement of the petitioner came in the alleged crime. The petitioner is in custody since 29.08.2014.

In view of the facts and circumstances of the case and after considering the submissions, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) of the like amount each to the satisfaction of Sri Ajay Kumar II, Learned Judicial Magistrate, 1st Class, Purnea in connection with Baisi P.S. Case No. 183 of 2014 subject to the following conditions:

(a) The petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from

Patna High Court Cr.Misc. No.51147 of 2014 (3) dt.04-03-2015 disclosing such fact to the Court;

(b) The petitioner shall be well represented on each date in the court below and his failure to do so on two sequential dates shall entail cancellation of his bail bonds;

(c) The petitioner shall abide by the above conditions scrupulously and in case of violation of any of the conditions, the prosecution would be at liberty to move the Court for cancellation of bail.

(V. Nath, J.) Vats/- U T