Shashi Bhusan Yadav @ Kumar Shashi Bhusan Yadav @ Gabbu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52562 of 2018 Arising Out of PS.Case No. -105 Year- 2018 Thana -RANIGANJ District- ARRARIA ======================================================
1. Shashi Bhusan Yadav @ Kumar Shashi Bhusan Yadav @ Gabbu Yadav Son of Harendra Prasad Singh@ Harendra Prasad Yadav Resident of Village Belsara, P.S. Raniganj, District- Araria. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Abhijeet Gautam For the Opposite Party/s : Mr. Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-10-2018 The petitioner is in custody since 01.06.2018 in connection with Raniganj P.S. Case No. 105/2018, registered for offences punishable under Sections 302/201/34 of the Indian Penal Code.
Allegation as per F.I.R. is that the son of the informant had gone out alone by his motorcycle and later on, the informant was informed by someone that his son was killed and his deadbody was lying near the Dattabari Canal Culvert. Submission of learned counsel for the petitioner is that the petitioner is not named in the F.I.R. and later on his name transpired on the basis of confessional statement of accused persons. Further submission is that except confessional statement there is nothing against the petitioner, though the petitioner is
Patna High Court Cr.Misc. No.52562 of 2018 (2) dt.05-10-2018 2/3 accused in two other cases, but he is on bail. It has also submitted that other co-accused person having similar allegation has already been granted privilege of bail by a Coordinate Bench of this Court vide order dated 13.09.2018 passed in Cr. Misc. 38300 of 2018. The petitioner is in custody since 01.06.2018. Heard learned A.P.P. as well as learned counsel for the informant, they have opposed the prayer for bail of the petitioner stating that in confessional statement it appears that the petitioner is main accused in this case.
Having heard both sides and considering the aforementioned facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M. Araria, in connection with Raniganj P.S. Case No. 105/2018, with following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
Patna High Court Cr.Misc. No.52562 of 2018 (2) dt.05-10-2018 3/3 (iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.
(Vinod Kumar Sinha, J) sunil/Amjad/- U T