Mohan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.1825 of 2017 Arising Out of PS.Case No. -278 Year- 2013 Thana -BODHGAYA District- GAYA ====================================================== Mohan Yadav, S/O Kail Yadav, R/O Village- Anwar, P.S. Bodh Gaya, District- Gaya.

.... .... Appellant/s

Versus

The State of Bihar .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Sunil Kumar Yadav For the Respondent/s : Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-07-2017 The appellant seeks regular bail in connection with Bodh Gaya P.S.Case No.278 of 2013, registered for offences punishable under Section 302/34 of the Indian Penal Code and Section 3(2)5 of SC/ST (POA) Act.

The appellant is named in the F.I.R.. The case is under Section 302 of the Indian Penal Code.

It is submitted on behalf of the appellant that except suspicion, there is nothing against the appellant in the F.I.R. and the other co-accused persons having similar allegation have already been granted bail by this Court, vide order dated 13.11.2014 passed in Cr. Misc. No.40871 of 2014 and order dated 15.6.2015 passed in Cr. Misc. No.16902 of 2015. The appellant is in custody since 17.4.2017.

Heard learned Special P.P. also.

Having heard both sides in view of the above facts and circumstances, this appeal is allowed.

Patna High Court CR. APP (SJ) No.1825 of 2017 (3) dt.04-07-2017 2/2 Let the appellant above named, be released on bail on furnishing bail bonds of Rs.25,000 (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Special Judge, S.C./S.T., Gaya in connection with Bodh Gaya P.S.Case No.278 of 2013, after setting aside order dated 22.5.2017 passed by the court of learned Special Judge, S.C./S.T. Gaya in Bodh Gaya P.S.Case No.278 of 2013, subject to the following conditions:- (i) One of the bailors of the appellant shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court. (ii) The appellant will not induce any witness or tamper with the evidence.

(iii) The appellant shall cooperate 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 will be free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) chn/- U