Suren @ Suren Yadav @ Surendra Prasad @ Surendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51296 of 2016 Arising Out of PS.Case No. -26 Year- 2000 Thana -ISLAMPUR District- NALANDA (BIHARSHARIFF) ======================================================

1. Suren @ Suren Yadav @ Surendra Prasad @ Surendra Yadav Son of Bhagwan Prasad, Resident of Village- Sirarhi, P.S. - Islampur, DistrictNalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tej Narayan Singh, Advocate For the Opposite Party/s : Mr. Binod Kumar 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-01-2017 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offences under Sections 302/34 of the I.P.C. and Section 27 of the Arms Act.

Allegation is that the accused persons including the petitioner caught hold of the son of the informant and kept him confined in a room and shot him dead.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 24.8.2016. The petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. It is a case of misuse of bail. The petitioner has already remained in custody for about five

Patna High Court Cr.Misc. No.51296 of 2016 (3) dt.16-01-2017 2/2 months. Final form was submitted in the case. Hence, he had gone to earn his bread and butter outside the State. In the meantime the court below differed with the final form and had taken cognizance. Regarding the same he had no knowledge. It is further submitted that the petitioner will appear on each and every date in the court below and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Pawan Kumar Shukala, Judicial Magistrate, 1st class, Hilsa, Nalanda in connection with Islampur P.S. case No.26 of 2000. It is further directed that the petitioner will appear on each and every date in the court below and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled. (Sudhir Singh, J) Narendra/- U T