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Patna High CourtCR. MISC./51651/2017bail granted

Shashi Yadav @ Shashi Kumar Yadav v. The State Of Bihar

2017-11-13Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51651 of 2017 Arising Out of PS.Case No. -135 Year- 2017 Thana -KASIMBAZAR District- MUNGER ====================================================== Shashi Yadav @ Shashi Kumar Yadav , son of Late Ayodhya Yadav, resident of Village- Chhoti Mirzapur, P.S.- Kashim Bazar, DistrictMunger. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Raj Kishor Prasad, Advocate For the Opposite Party: 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 09.08.2017 in connection with Kasim Bazar P.S. Case No. 135 of 2017 for the offences alleged under Sections 457, 380 and 411 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated on mere suspicion and there is no witness to the alleged occurrence. Similarly situated other accused persons, namely, Shivan Yadav, Bholu Yadav @ Bhola Yadav @ Akash Yadav and Chhotu Yadav; and Rupesh Yadav have been granted bail by this Court in Cr. Misc. No. 42774 of 2017 and Cr. Misc. No. 47189 of 2017, respectively.

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 of learned Chief Judicial Magistrate, Munger in connection with Kasim Bazar P.S. Case No. 135 of 2017, on the

Patna High Court Cr.Misc. No.51651 of 2017 (2) dt.13-11-2017 2/2 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 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.

(iv) The petitioner shall cooperate 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.

(Vikash Jain, J) B.T/Chandran U T