Kedar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13461 of 2019 Arising Out of PS. Case No.-95 Year-2018 Thana- GAYA KOTWALI District- Gaya ====================================================== Kedar Yadav, aged about 50 years, Son of Raudi Yadav, Residence of Village- Bangla Asthan Maharani Road, P.S.- Kotwali, District- Gaya ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Kumar For the Opposite Party/s :
Mr.Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 07-03-2019 Heard learned counsel for the parties.
Petitioner seeks bail in Gaya Kotwali P.S. Case No. 95/2018 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 302 of the Indian Penal Code. Earlier the bail application of the petitioner was rejected vide order dated 04.12.2018 passed in Cr. Misc. No.57282 of 2018, as contained in Annexure 1 with a liberty to renew his prayer for bail after framing of charge. Informant has alleged that F.I.R. named accused including the petitioner variously armed with lathi, danda and iron rod came and started assaulting her husband on account of which, he sustained injuries and was taken to ANMMCH, Gaya for treatment, where he died during the course of treatment. It has been submitted on behalf of the petitioner that
Patna High Court CR. MISC. No.13461 of 2019(2) dt.07-03-2019 2/3 he is innocent and has falsely been implicated in this case. It has further been submitted that charges have been framed against the accused persons including the petitioner on 19.01.2019, a copy of which is attached as Annexure 3.
Learned counsel for the informant has vehemently opposed the prayer for bail of the petitioner. 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/- with two sureties of the like amount each to the satisfaction of learned C.J.M., Gaya in connection with Gaya Kotwali P.S. Case No. 95/2018, with following 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 the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
Patna High Court CR. MISC. No.13461 of 2019(2) dt.07-03-2019 3/3
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) Sanjay/- U T