Sanket Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.64818 of 2018 Arising Out of PS.Case No. -206 Year- 2018 Thana -KHAGARIA District- KHAGARIA ======================================================
1. Sanket Yadav S/o Chandradeo Yadav Resident of Village-Barkhandi Tola,P.S. Muffasil Distt.-Khagaria .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Binod Kumar, Advocate For the Opposite Party/s : Mr. Satyavarat Verma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 29-10-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The Petitioner seeks regular bail in connection with Khagaria (Muffasil) P.S. Case No. 206 of 2018, registered for offences punishable under Sections 147, 148, 149, 341, 323, 307, 302, 448 of Indian Penal Code and 27 of the Arms Act. Allegation against the petitioner as per F.I.R. is that on the order of one Chandradeo Yadav, another co-accused shot at the brother of the informant with rifle, causing his death and when the informant came to rescue his brother, then again Chandradeo Yadav gave order to shot at him upon which petitioner Sanket Yadav caught him and thereafter, Manish Yadav shot at him but any how he escaped from there.
Submission of the learned counsel for the petitioner is that the petitioner has committed no offence and there is no allegation of assault but he is in custody since 18.07.2018. It has further been
Patna High Court Cr.Misc. No.64818 of 2018 (2) dt.29-10-2018 2/2 submitted that similarly situated co-accused persons have been granted bail by different Co-ordinate Benches of this Court vide order dated 02.08.2018 passed in Cr. Misc. No. 39541 of 2018 and vide order dated 04.07.2018 passed in Cr. Misc. No. 38664 of 2018.
Heard learned A.P.P also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, be enlarged on bail on furnishing bail bond of Rs. 25,000/- ( Rupees Twenty five thousand)each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Khagaria (Muffasil) P.S. Case No. 206 of 2018, subject to the 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.
iii) It is made clear that if petitioner found involved in any of the like offences, in future, prosecution is free to move for cancellation of his bail bonds. (Vinod Kumar Sinha, J) Sudha/- U T