Patna High CourtCR. MISC./38828/2017bail granted

Radha Yadav v. The State Of Bihar

2018-03-20Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38828 of 2017 Arising Out of PS.Case No. -25 Year- 1995 Thana -BAGHA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Radha Yadav Son of Late Indradeo Yadav, R/o Village- Bagahwatand, P.S.- Dhanha, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhishek Kumar, Adv. For the Opposite Party/s : Mr. Sri Surendra Kumar, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 20-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 302, 307, 452, 379, 34 of the Indian Penal Code and 27 of Arms Act. According to FIR, the victim of murder disclosed to the informant that the petitioner and co-accused Dashrath Mishra had fired at him, as a result whereof, he died. The FIR would reveal that the informant saw that the petitioner alongwith his criminal associates came and started indiscriminate firing. Other side had also fired. Submission is that the petitioner is in custody since 26.10.2013 and the report of the learned Trial Court would reveal that only charges have been framed up-

Patna High Court Cr.Misc. No.38828 of 2017 (8) dt.20-03-2018 till-now. Petitioner is ready to cooperate with the trial. Learned counsel for the informant opposed the prayer for bail on the ground of seriousness of the allegation and the criminal antecedent of the petitioner. Considering the period already undergone by the petitioner as undertrial prisoner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Bagha Police Station Case No.25 of 1995 corresponding to S.T.No.88 of 2006, subject to the condition that the petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Nitesh/- U T