Baudh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2506 of 2017 Arising Out of PS.Case No. -22 Year- 2016 Thana -DEOKUND District- AURANGABAD ======================================================

1. Baudh Yadav S/o Late Bhonu Yadav, Resident of Village- Hathiyara, P.S. Deokund, District- Aurangabad.

.... .... Appellant/s

Versus

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

For the Appellant/s : Mr. Ashok Kumar Singh For the Respondent/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-08-2017 The appellant seeks regular bail in connection with Deokund P.S. Case No. 22 of 2016, registered for offences punishable under Sections 302, 326, 504, 506 and 120B/34 of the Indian Penal Code and Section 27 of the Arms Act and Section 3(1)(v)/3(s)/3(2)(W)(V) of SC/ST Act.

Allegation against the appellant and others is of killing the father and uncle of the informant.

It has been submitted by learned counsel for the appellant that no specific allegation has been made against the appellant and further other co-accused of this case having similar allegation has already been granted bail by this Court vide order dated 28.06.2017 passed in Criminal Miscellaneous No. 764 of 2017 and vide order dated 23.06.2017 passed in Criminal Miscellaneous No.

1027 of 2017 and appellant has been in judicial custody since 09.11.2016 Heard learned Special P.P. also.

Having heard both sides, considering the facts and circumstances of the case and as other two co-accused persons have already been granted the privilege of bail, as such, this appeal is allowed and impugned order is set aside. Let the appellant above named, be 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 1st Additional Sessions Judge-cum-Special Judge Aurangabad, in connection with Deokund P.S. Case No. 22 of 2016, 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 is free to move for cancellation of his bail bonds.

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