Sujeet Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46638 of 2018 Arising Out of PS.Case No. -282 Year- 2018 Thana -MOTIHARI MUFASIL District- EAST CHAMPARAN (MOTIHARI) ====================================================== Sujeet Yadav, S/o Teras Rai @ Teras Yadav, resident of Village- Bankat, P.S.- Muffasil Motihari, District- East Champaran .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s : Mr. Amit Kumar Rakesh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 08-08-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is in custody since 26.05.2018 in connection with Muffasil P.S. Case No.282 of 2018 registered for the offence under Sections 147, 148, 149, 323, 324, 325, 307, 447, 448, 354, 379, 504 and 506 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner is a military personnel, who had come home and on account of the said occurrence, he has been taken into custody. The allegation attributed to this petitioner is that the petitioner had attacked with Farsa on one Malti Devi and Sarsawati Devi and he has been made accused on account of free fight
Patna High Court Cr.Misc. No.46638 of 2018 (2) dt.08-08-2018 2/3 between the parties. It is further submitted that there is no intention of killing the informant's side and the dispute arose on account of the fact that the father of the present petitioner has settled in his Sasural, which has caused the ire of the informant's side as they are resisting the present petitioner and his father from taking over the property of their grandfather. It is further submitted that the petitioner will be seriously prejudiced if he is continued to languish in jail and he is willing to furnish surety and will abide by the terms and conditions as imposed by this Court.
Considering the aforementioned facts and circumstances and the nature of dispute and that this petitioner has clean antecedents, let the petitioner, above named, be released on bail on his furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, East Champaran at Motihari, in connection with Muffasil P.S. Case No.282 of 2018, 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
Patna High Court Cr.Misc. No.46638 of 2018 (2) dt.08-08-2018 3/3 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) PNM U T