Uday Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40696 of 2017 Arising Out of PS.Case No. -41 Year- 2017 Thana -AMAS District- GAYA ======================================================
1. Uday Yadav Son of Sri Babuchand Yadav, R/o Village- Kusha, P.S.- Amas, District- Gaya.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dhirendra Kumar Sinha For the Opposite Party/s : Mr. Sri Ahtash Ali Khan For informant : Mr. S. Jamil Akhtar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-10-2017 The petitioner seeks regular bail in connection with Amas P.S. Case No. 41 of 2017, registered for offences punishable under Section 302 and 34 of the Indian Penal Code.
Allegation against the petitioner and other is of killing the father of the informant.
It has been submitted on behalf of the petitioner that he has not been named in the F.I.R, his name has been dragged in this case during the course of investigation only on the basis of suspicion and even according to materials available on record, there is no specific allegation against the petitioner. Further other co-accused person has already been granted bail by a coordinate Bench of this Court vide order dated 19.09.2017 passed in Cr. Misc. No. 42491 of 2017 and petitioner has been in judicial
custody since 01.03.2017.
Heard learned A.P.P. as well as learned counsel for the informant. They have opposed the prayer for bail. Having heard both sides, considering the fact and circumstances of the case and also the fact that other co-accused persons has already been granted bail by a coordinate Bench of this Court, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate -1st Class, Sherghati, Gaya, in connection with Amas P.S. Case No. 41 of 2017, 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 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.
(Vinod Kumar Sinha, J) sunil/- U T