Suresh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40166 of 2015 Arising Out of PS.Case No. -8 Year- 2014 Thana -ALAMNAGAR District- MADHEPURA ======================================================

1. Suresh Yadav Son of Late Bishundeo Yadav resident of village - Kavaiya Basa Chandsara, P.S. Alamnagar, District - Madhepura .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Uma Shankar Sharma For the Opposite Party/s : Mr. Shakir Ahmad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-09-2016 The petitioner has renewed his prayer for bail in a case registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code. The petitioner is languishing in custody since 28.01.2014.

The earlier bail application of the petitioner was rejected on 15.01.2015 with observation "at present". The prosecution case is that on recovery of dead body of Mulayam Yadav along with motorcycle and mobile the F.I.R was registered against unknown. During investigation, it transpired that co-accused Bechan Yadav called the victim through mobile phone and killed him with the assistance of this petitioner.

A report was called for with regard to the present stage of the trial. The report of learned Trial Court

Patna High Court Cr.Misc. No.40166 of 2015 (3) dt.07-09-2016 2/2 dated 28.05.2016 at Flag-A reflects that out of nine witnesses, four have been examined and the informant, I.O and the doctor are yet to be examined.

It is submitted by learned counsel for the petitioner that the main accused Bechan Yadav has been granted bail by a coordinate Bench of this Court vide Cr. Misc. No. 19404 of 2016. A web copy of the same has been produced, let it be kept on record.

A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Considering the fact that main accused Bechan Yadav has been granted bail by a coordinate Bench of this Court, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Judge-III, Madhepura in connection with Sessions Trial No. 104 of 2014, arising out of Alam Nagar P.S. Case No. 8 of 2014.

Learned Court below will cancel the bail bonds of the petitioner, if the petitioner defaults for two consecutive occasions during trial.

(Dinesh Kumar Singh, J) Shageer/- U T