Hare Ram Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10214 of 2017 Arising Out of PS.Case No. -296 Year- 2016 Thana -JAHANABAD District- JEHANABAD ======================================================

1. Hare Ram Yadav, Son of Ram Pravesh Yadav, resident of VillageNizamuddinpur, P.S. + District- Jehanabad. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jagdish Prasad Mr. Ashok Kumar For the Opposite Party/s : Mr. Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-05-2017 Heard the parties.

The petitioner seeks regular bail in connection with Jehanabad P.S.Cae No.296 of 2016 (G.R.No.981 of 2016) registered for offences punishable under Section 365 of the Indian Penal Code.

The petitioner is not named in the F.I.R. and later on his name transpired during the course of investigation of the case. It is submitted on behalf of the petitioner that there is nothing against the petitioner and he has been made accused on the basis of confessional statement of the co-accused persons. It is alleged that the petitioner has helped the other accused persons in disposing of the dead-body by Sumo Vehicle and he is in custody for about nine months.

Heard learned A.P.P. also, who has opposed the prayer for

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Having heard both sides and in view of the status report, which was called for from the court concerned, it appears that after commitment, the charge has been framed but not a single witness has been examined in this case.

Considering the aforesaid facts and also considering the fact that the petitioner is in custody for about nine months, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Jehanabad in connection with Jehanabad P.S.Case No.296 of 2016. With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U

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