Rohit Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43833 of 2018 Arising Out of PS.Case No. -175 Year- 2017 Thana -JHAJHA District- JAMUI ====================================================== Rohit Yadav, Son of Ram Charitra Yadav, Resident of VillageKatharatand, P.S.- Jhajha, District- Jamui. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prakash Mahto For the Opposite Party/s : Mr. Sri Jai Narain Thakur ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 31-07-2018 Heard learned counsel for the petitioner, informant and learned counsel for the State.

The petitioner is in custody since 26.04.2018 in connection with Jhajha P.S. Case No. 175 of 2017 for the offence registered under Sections 307 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that allegation against him is that he was seen fleeing away from the place of occurrence where father of the informant was shot at, causing injury on the thigh and finger. It is further submitted that though there is an allegation to the said effect, no one has seen the firing taking place and even the informant reached later at the place of occurrence. The allegation against the petitioner vis-à-vis others, is identical and similarly situated accused persons, namely,

Yogendra Yadav and Binod Yadav, have since been extended the privilege of regular bail vide order dated 06.07.2018 passed in Cr. Misc. No. 37669 of 2018.

Considering the aforesaid 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 S.D.J.M., Jamui in connection with Jhajha P.S. Case No. 175 of 2017, subject to the following conditions:-

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in Court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons his bail bonds shall be liable to be cancelled by the learned Court concerned.

(4) 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.

(Anjana Mishra, J) Jagdish/- U T