Ram Prakash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11270 of 2019 Arising Out of PS. Case No.-84 Year-2018 Thana- GHOGHARDIHA District- Madhubani ====================================================== Ram Prakash Yadav, aged about 18 years, (Male), Son of Tejnarayan Yadav, R/o village- Mansapur, P.S- Laukahi, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Adv.

Ms. Swati Sinha, Adv.

Ms. Sweta Kumari, Adv.

For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 26-02-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Ghoghardiha P.S. Case No. 84 of 2018, registered for the offences punishable under Section 394 of the Indian Penal Code.

Informant has alleged that on 30.08.2018 at about 7:30 P.M., while his uncle Umesh Prasad was closing his shop three accused persons came there carrying pistol and two entered in the shop and when his uncle protested then accused persons fired upon him causing firearm injury in his left leg. 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.11270 of 2019(2) dt.26-02-2019 2/3 falsely implicated in this case. The F.I.R. is against unknown. No incriminating material has been recovered from the possession of the Petitioner nor he was put on T.I.P. Petitioner is in custody since 15.09.2018.

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 Sub-Divisional Judicial Magistrate, Jhanjharpur (Madhubani), in connection with Ghoghardiha P.S. Case No. 84 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 witnesses of the case, in that case, prosecution will be

Patna High Court CR. MISC. No.11270 of 2019(2) dt.26-02-2019 3/3 at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Rajiv/- U T