Ranjeet Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2744 of 2018 Arising Out of PS. Case No.-85 Year-2017 Thana- BIND District- Nalanda ====================================================== Ranjeet Yadav, Son of Krishanballab Yadav, Resident of Village-Madanchak, Police Station-Bind, District-Nalanda.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajiv Ranjan, Advocate For the Opposite Party/s :
Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 16-02-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
Petitioner is languishing in judicial custody since 24.07.2017 in connection with Sessions Trial No. 620 of 2017, arising out of Bind P.S. Case No. 85 of 2017 registered for the offence punishable under Sections 302 and 120B of the Indian Penal Code and Section 27 of the Arms Act.
The prosecution case, as lodged by the informant, is that his brother, Chandra Bhushan, who was a Revenue Officer, was killed while coming home from his office. It has been submitted by the learned counsel for the petitioner that he is innocent, not named in the First Information Report and because of land dispute, he has been falsely implicated and also on the confessional statement of co-accused,
Patna High Court Cr.Misc. No.2744 of 2018(4) dt.16-02-2018 2/3 Bijendra Yadav before the police, which has no evidentiary value in the eye of law. It is further submitted that the petitioner surrendered before the Court of learned Additional Chief Judicial Magistrate-VI, Nalanda at Biharsharif in connection with Bind P.S. Case No. 60 of 2017 on 08.06.2017 and was in custody in that case, although the date of occurrence of the present case is 12.06.2017 and the allegation against the petitioner is not true. He submits that charge-sheet has already been submitted and there is no allegation of tampering with the prosecution witnesses by the petitioner.
However, learned A.P.P. for the State opposes the prayer for bail stating therein that the petitioner does not have a clean antecedent.
Considering the facts and circumstances and the materials on record, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-III, Nalanda at Biharsharif in connection with Sessions Trial No. 620 of 2017, arising out of Bind P.S. Case No. 85 of 2017, subject to the conditions that:
(1) Both the bailors would be close
Patna High Court Cr.Misc. No.2744 of 2018(4) dt.16-02-2018 3/3 relative of the petitioner having sufficient immovable properties, who will file an affidavit stating their relationship with the petitioner.
(2) The petitioner will appear before the learned Court below on each and every date and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.
(Nilu Agrawal, J.) Arjun/- U T