Patna High CourtCR. MISC./19542/2019bail granted

Baban Yadav v. The State Of Bihar

2019-05-15Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19542 of 2019 Arising Out of PS. Case No.-85 Year-2018 Thana- MALAYPUR District- Jamui ====================================================== Baban Yadav Son of Rajaram Yadav R/o Village- Deva Chak, P.S.- Malaypur, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prakash Mahto, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 15-05-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 302/120B/34 of the Indian Penal Code and Section 27 of the Arms Act.

Two unknown persons came on a motorcycle and fired at Dhananjay causing his instant death. Those two persons along with one Suro Singh were seen just before sitting at the hotel of co-accused. The FIR further reveals that enmity with Anil Singh was the reason for the aforesaid murder. Submission is that the petitioner is not named in the FIR; rather his name surfaced in the confessional statement of Lalan Kumar Singh wherein the petitioner was also alleged to be conspirator.

Patna High Court CR. MISC. No.19542 of 2019(3) dt.15-05-2019 2/2 Learned counsel for the informant opposed the prayer for bail.

Considering the fact that there is no substantial material against the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Malaypur P.S. Case No.85 of 2018, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below having immovable property in his name.

(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Mkr./- U T