Amarjeet Yadav @ Amarjit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18008 of 2017 Arising Out of PS.Case No. -329 Year- 2016 Thana -BELHAR District- BANKA ====================================================== Amarjeet Yadav @ Amarjit, Son of Krishnadeo Yadav, Resident of Village -Amgarwa, P.S. Belhar, District: Banka. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Shree Niwas Singh, Advocate For the Opposite Party : Smt Indu Kumari Srivastava (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-05-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Belhar P.S. Case No. 329 of 2016 registered for the offence punishable under Section 302/34 of the Indian Penal Code and Section 27 of Arms Act.

Allegedly, some unknown persons shot the son-inlaw Abinash Kumar to death, during investigation seizure list witness Abhishekh Kumar has stated in his statement that informant has come there and further another witness named the petitioner also regarding his involvement in the crime. Submission is of false implication and that the further statement of the informant appears not reliable and it reveals that after consultation they have implicated the petitioner. In this case

Patna High Court Cr.Misc. No.18008 of 2017 (3) dt.10-05-2017 2/2 co-accused Pramila Devi and Brajesh Yadav have already been allowed bail vide Cr. Misc. No. 3541 of 2017 and the petitioner is suffering in custody since 13.01.2017 and, as such, the petitioner deserves sympathetic consideration.

Learned A.P.P. submits that during investigation all the witnesses have taken the name of the petitioner also. In the facts and circumstances stated above, considering that chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence, the petitioner is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Sub Judge-III-cumA.C.J.M.-II, Banka, in connection with Belhar P.S. Case No. 329 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the Court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail. (Jitendra Mohan Sharma, J.) Rajiv/- U T