Dinesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21889 of 2019 Arising Out of PS. Case No.-17 Year-2002 Thana- KHAIRA District- Jamui ====================================================== Dinesh Yadav, aged about 45 years (M), Son of Late Sita Ram Yadav, Resident of Village - Darima, P.S. Khaira, Dist. Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prabhat Ranjan Singh, Advocate For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-07-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Khaira P.S. Case No. 17 of 2002 registered for the offences punishable under Sections 364, 302, 120B, 34 of the Indian Penal Code. The allegation in brief is that all the F.I.R. named accused persons including the petitioner kidnapped informant's son and later on his dead body was found thrown in a field. Learned counsel for the petitioner submits that the police after investigation did not find involvement of the petitioner and others and submitted charge sheet only against three accused persons but cognizance has been taken against the petitioner, however, there is no material in the case diary to connect the petitioner with the offence. The petitioner is in

Patna High Court CR. MISC. No.21889 of 2019(3) dt.31-07-2019 2/2 custody since 09.12.2018.

In 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 the like amount each to the satisfaction of Chief Judicial Magistrate, Jamui in connection with Khaira P.S. Case No. 17 of 2002, subject to the following conditions :

(1) On of the bailors would be close relative of the petitioner having sufficient immovable properties, who will file an affidavit stating his relationship with the petitioner.

(2) The petitioner will appear before the learned Court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(3) If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned Court below for cancellation of his bail bonds. (Anjani Kumar Sharan, J) Nasimul/- U T