Ram Bilas Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.1731 of 2018 (2) dt.11-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1731 of 2018 Arising Out of PS.Case No. -383 Year- 2017 Thana -LAKHISARAI District- LAKHISARAI ====================================================== Ram Bilas Yadav, Son of Bishundhari Yadav, Resident of VillageHakimganj, Khagaur, Police Station + District- Lakhisarai. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Rabi Bhushan Prasad No. 1 For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 12.10.2017 in connection with Lakhisarai P.S. Case No. 383 of 2017 for the alleged offences under Sections 302, 120(B), 34 of the Indian Penal Code and Section 27 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated and the thrust of accusation of firing is upon co-accused Jitendra Yadav and Rakesh Kumar. No overt act of assault has been attributed to the petitioner who has been implicated merely on suspicion as he had earlier said to have issued threats. Other coaccused Diwakar Kumar @ Diwakar Yadav has been granted anticipatory bail by this Court in Cr. Misc. No. 61041 of 2017.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai, in connection with

Patna High Court Cr.Misc. No.1731 of 2018 (2) dt.11-01-2018 Lakhisarai P.S. Case No. 383 of 2017 on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/BT U T