Vijay Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.51577 of 2017 (2) dt.13-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51577 of 2017 Arising Out of PS.Case No. -106 Year- 2016 Thana -HASANPUR District- SAMASTIPUR ====================================================== Vijay Yadav, Son of Raja Yadav, Resident of Village- Paridah, P.S.- Hasanpur, District- Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vasudeo Ram, Adv For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 13-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 30.03.2017 in connection with Hasanpur P.S. Case No. 106 of 2016 for the alleged offences under Sections 448, 341, 324, 325, 307, 354, 379, 504/34 and later on added Section 302 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated in connection with land dispute. The accusation of assault on Pramod Yadav is general and omnibus against the petitioner and co-accused Krishna Kumar @ Murahi Yadav, but the injury on Pramod Yadav is simple in nature which belies the accusation in the FIR. Other co-accused persons have been granted anticipatory bail by this Court in Cr. Misc. No. 14679 of 2017. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of 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 like amount each to the satisfaction

Patna High Court Cr.Misc. No.51577 of 2017 (2) dt.13-11-2017 of learned A.C.J.M.-III, Rosera, Samastipur in connection with Hasanpur P.S. Case No. 106 of 2016 on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/BT U T