Patna High CourtCR. MISC./46421/2016bail granted

Heera Man Yadav v. The State Of Bihar

2016-10-22Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46421 of 2016 Arising Out of PS.Case No. -73 Year- 2015 Thana -DEO District- AURANGABAD ====================================================== Heera Man Yadav, son of Balesar Yadav, resident of village Barha, P.S. Chakarbanda Dumaria, District Gaya .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ashok Kumar Singh, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 22-10-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 16.12.2015 in connection with Deo P.S. Case No. 73 of 2015 for the offences alleged under Sections 147, 148, 149, 364, 302 and 307 of the Indian Penal Code, Section 17 of the CLA Act and Section 27 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated and he has been named along with ten others and 20-25 unknown accused persons in the first information report. The accusations are general and omnibus in nature. There is no specific accusation of any assault attributed to the petitioner and there is no eye-witness in the case. Charge-sheet has already been submitted and hence there is no chance of absconding of the petitioner or tampering with evidence. Similarly situated co-accused Krishna Yadav @ Kaushal Jee has been granted bail by this Court in Cr. Misc. No. 11561 of 2016.

4. Having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten

Patna High Court Cr.Misc. No.46421 of 2016 (2) dt.22-10-2016 2/2 thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Deo P.S. Case No. 73 of 2015 with the following conditions: (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) B.T/Ibrar U T