Shali Yadav @ Shaligram Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33335 of 2021 Arising Out of PS. Case No.-5 Year-2013 Thana- JAMUI District- Jamui ====================================================== SHALI YADAV @ SHALIGRAM YADAV Son of Bharoshi Yadav Resident of Village - Rajpura, P.S.- Jamui, Distt.- Jamui. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Kumar For the Opposite Party/s :
Mrs. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-09-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 302, 201/34 of the Indian Penal Code.
As per the prosecution case, on recovery of unknown dead body of a male aged about 30 years FIR was lodged against unknown.
Learned counsel appearing for the petitioner submits that petitioner is not named in the FIR. The name of petitioner has come in this case during the course of investigation in the confessional statement of co-accused, Ganauri Yadav. Save and except confessional statement of co-accused, there is no other material to suggest the complicity of the petitioner in the aforesaid crime. Petitioner is in custody since 18.01.2021 and
Patna High Court CR. MISC. No.33335 of 2021(2) dt.02-09-2021 2/2 investigation in this case is complete.
Learned counsel appearing for the State opposes the prayer for bail.
Considering the facts of the case and the period of custody of the petitioner, let 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 Chief Judicial Magistrate, Jamui in connection with Jamui PS case No. 05/2013 on the following conditions:-
(1) 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 on his/ her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the witnesses, in that case the prosecution will be at liberty to move for cancellation of bail.
(Prabhat Kumar Singh, J) BKS/- U T