Ram Pratap Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.1737 of 2018 (2) dt.11-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1737 of 2018 Arising Out of PS.Case No. -109 Year- 2016 Thana -BAHERI District- DARBHANGA ====================================================== Ram Pratap Yadav S/o Late Hare Krishna Yadav, R/o Village- Chakia (Saho), P.S.- Biraul, District- Darbhanga.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bijay Bhushan Prasad 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 09.10.2017 in connection with Baheri P.S. Case No. 109 of 2016 for the alleged offences under Sections 302/34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated on mere suspicion on the ground that the petitioner being the 'samdhi' of the deceased said to have issued threats in the past. There is no eye-witness and no material to connect the petitioner with the alleged occurrence. Co-accused Dev Kishore Yadav who is alleged to have given threatening in the past has been granted bail by this Court in Cr. Misc. No. 22980 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 A.C.J.M. VI, Darbhanga in connection with Baheri P.S. Case No. 109 of 2016 on the following conditions:-

Patna High Court Cr.Misc. No.1737 of 2018 (2) dt.11-01-2018 (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