Vijay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64942 of 2018 Arising Out of PS.Case No. -114 Year- 2018 Thana -CHAINPUR District- BHABHUA (KAIMUR) ====================================================== Vijay Yadav son of Ram Janam Yadav R/o Village-Hatta, P.S. Chainpur,Distt.-Kaimur at Bhabua .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tribhuwan Narayan, Adv. For the Opposite Party/s : Mr. Rajballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 05-11-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner seeks bail in Chainpur P.S. Case No. 114/2018, registered for the offences punishable under Sections 341, 323, 386, 387, 379, 427, 504, 506 and 34 of the Indian Penal Code and section 27 of the Arms Act.

Allegation is that petitioner and co-accused entered into the shop of informant and demanded ransom of Rs. 5,00,000/- On refusal, they took Rs. 50,000/- from his cash bag, wrist watch and opened fire and fled away from there.

It has been submitted that petitioner has falsely been implicated in this case. He is co-villager. There is dispute between the parties with regard to the land for which petitioner has

Patna High Court Cr.Misc. No.64942 of 2018 (2) dt.05-11-2018 2/3 negotiated from the informant's brother who is engaged in sale and purchase of land.

Petitioner is in custody since 04.06.2018.

Considering the nature of allegation and the fact that petitioner has got criminal antecedent, I am not inclined to enlarge the petitioner above-named on bail at this stage. Petitioner may renew his prayer for bail in court below and same shall be granted to the petitioner after completing six months of custody period on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate II, Kaimur at Bhabua in connection with Chainpur P.S. Case No. 114/2018, subject to the conditions:

(1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2.) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3.) If the petitioner tampers with the evidence or the witnesses of the case, in that case,

Patna High Court Cr.Misc. No.64942 of 2018 (2) dt.05-11-2018 3/3 prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Vinita/- U T