Sudhir Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3193 of 2018 Arising Out of PS.Case No. -275 Year- 2016 Thana -MAKHDUMPUR District- JEHANABAD ====================================================== Sudhir Yadav S/o Dev Vansh Yadav @ Gurujee @ Devansh Singh, R/o Village- Kunshuya, P.s.- Sakurabad, Distt.- Jehanabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kulanand Jha For the Opposite Party/s : Mr. Sri Uday Chand Prasad ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 16-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Makhdumpur (Tehta) P.S. Case No. 275 of 2016 for offences punishable under Sections 302/201/120(B) of the Indian Penal Code. The prosecution case, as lodged by the informant, is that the petitioner along with two others had taken Rs. 2,40,000/- from the informant's father on premise of arranging a job for the informant but neither the job was arranged nor money was returned for which they asked to refund the money then they were given threatening. On the date of occurrence, the petitioner and

Patna High Court Cr.Misc. No.3193 of 2018 (3) dt.16-02-2018 2/3 his associates called his father for refunding money but he did not return and his dead body was found lying in the field. It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history, there is no eye witness to the alleged occurrence and the petitioner has been made accused only on suspicion. He submits that chargesheet has already been submitted and the petitioner is languishing in judicial custody since 14.10.2017.

However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad in connection with Makhdumpur (Tehta) P.S. Case No. 275 of 2016, subject to the conditions that:

(1) One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

(2) Petitioner will appear before the learned court below during trial as and when required and failure to appear on

Patna High Court Cr.Misc. No.3193 of 2018 (3) dt.16-02-2018 3/3 two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(Nilu Agrawal, J) Devendra/- U T