Patna High CourtCR. MISC./36490/2017bail granted

Pappu Yadav v. The State Of Bihar

2017-09-21Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36490 of 2017 Arising Out of PS.Case No. -293 Year- 2015 Thana -BELHAR District- BANKA ====================================================== Pappu Yadav Son of Fagu Yadav, Resident of Village Khasiya - Jharna, P.S. Belhar, District - Banka.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Prabhat Ranjan Singh, Advocate For the State : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 21-09-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 31.05.2017 in connection with Sessions Trial No. 337 of 2017 arising out of Belhar P.S. Case No. 293 of 2015 for the offences alleged under Section 364/34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated in the backdrop of the land dispute between the parties. Similarly situated co-accused Arun Yadav has been granted bail by this Court in Cr. Misc. No. 28023 of 2017 vide order dated 06.07.2017 (Annexure-3). 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 of learned Sessions Judge, Banka in connection with Sessions Trial No. 337 of 2017 arising out of Belhar P.S. Case No. 293 of 2015 on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

Patna High Court Cr.Misc. No.36490 of 2017 (3) dt.21-09-2017 2/2 (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/- U T