Kusho Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75751 of 2018 Arising Out of PS. Case No.-23 Year-2017 Thana- KAJRAILICHAK District- Bhagalpur ====================================================== Kusho Yadav, Son of Horil Yadav @ Pratap Yadav, Resident of VillageGoura Chauki, P.S.- Kajrailia, District- Bhagalpur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Indeshwari Prasad Mandal, Advocate For the Opposite Party/s :

Mr. Sri Sanjay Kumar Tiwary (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 19-12-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with S.T. No. 149 of 2018 arising out of Kajraili P.S. Case No. 23 of 2017 registered for the offences punishable under Sections 147, 148, 448, 341, 323, 149, 324, 325, 307, 302 and 427 of the Indian Penal Code and Section 27 of the Arms Act.

Petitioner has earlier moved this Court for bail vide Cr. Misc. No. 15778 of 2018 which was rejected on 16.04.2018 with a liberty to renew his prayer for bail after completion of six months.

Considering the aforesaid facts and circumstances of the case and the observation made in order dated 16.04.2018

Patna High Court Cr.Misc. No.75751 of 2018(2) dt.19-12-2018 2/2 passed in Cr. Misc. No. 15778 of 2018, petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 7th Additional District & Sessions Judge, Bhagalpur, in connection with Kajraili P.S. Case No. 23 of 2017, subject to 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 Court and his absence on two consecutive dates without sufficient reasons, 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) Rajiv/- U T