Kailu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22175 of 2020 Arising Out of PS. Case No.-106 Year-2019 Thana- GWALPARA District- Madhepura ====================================================== KAILU YADAV Son of Gajendra Yadav Resident of Village - Kalyanpatti, P.S.- Gwalpara, District - Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-09-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of lifting of the lockdown in the State of Bihar.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 341, 342, 307/34 of the Indian Penal Code. Later on, Section 302 of I.P.C. has been added. Prosecution case, in short, is that four unknown

Patna High Court CR. MISC. No.22175 of 2020(2) dt.04-09-2020 2/3 criminals committed murder of the son-in-law of the informant. It has been submitted on behalf of the petitioner that the petitioner is in custody since 25.11.2019 and has got no criminal antecedent. Charge sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner is not named in the F.l.R. His name has transpired in this case on confessional statement of co-accused. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. Other co-accused has been granted bail vide Cr.Misc.No.373 of 2020.

On behalf of the State, it is submitted that the petitioner is not named in the F.I.R.

Considering the facts and circumstances of the case and also the lockdown, the petitioner, above named, is directed to be released on bail on his personal bond to the satisfaction of Sri Shiv Kumar, J.M. 1st class, Udakishunganj, District Madhepura in connection with Gwalpara P.S. case No.106 of 2019.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of four

Patna High Court CR. MISC. No.22175 of 2020(2) dt.04-09-2020 3/3 weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T