Jogi Yadav @ Yogi Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76146 of 2018 Arising Out of PS. Case No.-340 Year-2014 Thana- NATHNAGAR District- Bhagalpur ====================================================== Jogi Yadav @ Yogi Yadav Son of Lukho Yadav Resident of VillageLakshman Bag, Fulbaria, Police Station- Madhusudanpur, DistrictBhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Sri Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in S.T. Case No. 628 of 2018 arising out of Nathnagar Madhusudanpur P.S. case No. 340 of 2014 registered for the offence punishable under Sections 341, 323, 307, 504 and 34 of the Indian Penal Code and under Section 27 of the Arms Act.

Earlier the bail petition of the petitioner was cancelled vide order dated 11.08.2017 passed in Cr. Misc. No. 37839 of 2017.

Allegation against petitioner is of firing upon the informant which hit on his left side of upper back. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case.

Patna High Court Cr.Misc. No.76146 of 2018(2) dt.20-12-2018 2/2 Informant has not identified petitioner. All the witnesses does not support the prosecution story. He is in custody since 07.05.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned 7th Additional District and Sessions Judge, Bhagalpur, in connection with S.T. Case No. 628 of 2018 arising out of Nathnagar Madhusudanpur P.S. case No. 340 of 2014 with following 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 and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) ranjan/manojU T