Amresh Yadav @ Chhotu Yadav @ Amresh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26421 of 2017 Arising Out of PS.Case No. -778 Year- 2016 Thana -MADHEPURA District- MADHEPURA ======================================================

1. Amresh Yadav @ Chhotu Yadav @ Amresh S/o Shiv Narayan Yadav, Resident of Village- Ketapatti, Tola Aguar, P.S.- Kishanpur, DistrictSupaul. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pawan Kumar, Adv. For the Opposite Party/s : Mr. Sri Ajay Kumar -2 For the informant : Miss. Monika, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-07-2017 The petitioner seeks regular bail in connection with Madhepura P.S. Case No. 778 of 2016, registered for offences punishable under Sections 302, 201, 34 and 120(B) of the Indian Penal Code.

It has been submitted on behalf of the petitioner that save and except the theory that the deceased was last seen with the petitioner, there is absolutely nothing against the petitioner so as to connect him with the present case. Further, the prosecution has not brought any motive or any previous enmity that can suggest that petitioner might be involved in commission of the offence. Petitioner has been in judicial custody since 27.02.2017 and other co-accused of this case has been granted bail by this Court vide

Patna High Court Cr.Misc. No.26421 of 2017 (3) dt.10-07-2017 2/3 order dated18.04.2017 passed in Criminal Miscellaneous No. 18290 of 2017.

Learned counsel for the State and learned counsel for the informant opposed the prayer for bail. However, they could not point out any fact showing motive or previous enmity for the petitioner to commit such an offence.

Having heard both sides, considering the fact that at present, save and except the theory that deceased was last seen with the petitioner, there is nothing against the petitioner and other co-accused has already been granted bail by this Court, as such, let the petitioner above named, be also released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Madhepura, in connection with Madhepura P.S. Case No. 778 of 2016, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal

Patna High Court Cr.Misc. No.26421 of 2017 (3) dt.10-07-2017 3/3 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 her bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T