Shambhu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11774 of 2019 Arising Out of PS. Case No.-8 Year-2015 Thana- PASRAHA District- Khagaria ====================================================== SHAMBHU YADAV, aged about 45 years, (M) Son of Late Baleshwar Yadav, Resident of village-Narayanpur, Police Station-Bhawanipur, DistrictBhagalpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arun Kumar For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 01-04-2019 Heard learned counsel for the parties.

Petitioner, who is in custody, seeks bail registered for the offences punishable under Sections 341, 323, 325, 387, 504 and 34 of the Indian Penal Code and under Section 27 of the Arms Act.

Informant has alleged in his written complaint that on 22.01.2015 at about 12 P.M. when he was doing cultivation in his field petitioner along with one Mithilesh Yadav came there and started abusing him and demanded ransom of Rs. 50,000/- and on protest Shambhu Yadav made firing from his weapon and thereafter petitioner along with co-accused

Patna High Court CR. MISC. No.11774 of 2019(2) dt.01-04-2019 2/3 Mithilesh Yadav assaulted him and fled away.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case due to village politics. Allegation against petitioner is false and concocted. There is no specific allegation of assault against the petitioner. Petitioner has got no criminal antecedent and is in custody since 18.12.2018.

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/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Pasraha P.S. Case No. 08 of 2015 with following condition:- (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.11774 of 2019(2) dt.01-04-2019 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) manoj/- U T