Mukesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77699 of 2018 Arising Out of PS. Case No.-32 Year-2015 Thana- BAUNSI District- Banka ====================================================== MUKESH YADAV S/o Late Surendra Yadav, R/o Vill.- Ranga Pathar , P.S.- Katoria, District- Banka.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha For the Opposite Party/s :

Mr.Sri Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 02-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Bounsi P.S. Case No.32 of 2015 registered for the offence punishable under Sections 302/34 of the Indian Penal Code and under Section 27 of Arms Act.

Informant has alleged that while his father and his uncle were going towards their house, FIR named accused caught hold of his father. Allegation against petitioner is that he along with other co-accused caught hold of his father. It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case. There is no specific allegation against the petitioner. It has been further submitted that similarly placed co-accused persons have been granted bail as contained in Annexure-2 series. He has got no

Patna High Court Cr.Misc. No.77699 of 2018(2) dt.02-01-2019 2/2 criminal antecedent and is in custody since 21.07.2018. 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 C.J.M., Banka in connection with Bounsi P.S. Case No. 32 of 2015 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