Patna High CourtCR. MISC./22472/2017bail granted

Kailash Yadav v. The State Of Bihar

2017-05-11Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22472 of 2017 Arising Out of PS.Case No. -524 Year- 2016 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ======================================================

1. Kailash Yadav Son of Late Laxman Yadav, Resident of Village- Madhu Chouk Barai, P.S.- Barari, District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Janki Nandan Prasad For the Opposite Party/s : Mr. Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-05-2017 Heard the parties.

The petitioner seeks regular bail in connection with Kotwali (Barari) P.S.Case No.524 of 2016 G.R.No.3371 of 2016 registered for offences punishable under Sections 302 and 120(B) of the Indian Penal Code and 27 of the Arms Act. The petitioner is not named in the F.I.R. and his name transpired during the course of investigation. It is submitted on behalf of the petitioner that except suspicion that he is accused in two other cases, there is nothing against him and even in the re-statement of the informant under Section 164 Cr.P.C., he has not been named. The petitioner is in custody for about five months.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.22472 of 2017 (2) dt.11-05-2017 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, 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., Bhagalpur in connection with Kotwali (Barari) P.S.Case No.524 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