Kailu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26548 of 2020 Arising Out of PS. Case No.-342 Year-2018 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Kailu Yadav, aged about 40 years (male), Son of Sahaju Yadav, resident of village - Morkahi, Rahimpur, P.S. - Muffasil, District - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Kumar Singh For the Opposite Party/s :

Mr. Zaimul Abadin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-12-2020 Heard Mr. Ranjeet Kumar Singh, learned counsel for the petitioner and Mr. Zainul Abadin, learned counsel appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Sahebpur Kamal P.S. Case No. 342 of 2018, G.R. No. 4645 of 2018 registered for the offence under Section 302 / 34 of the I.P.C. and Section 27 of the Arms Act.

The allegation as per the First Information Report is that the petitioner along with other accused persons fired upon the brother of the informant, due to which he died. Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged and no specific allegation of firing has been made against the

Patna High Court CR. MISC. No.26548 of 2020(4) dt.04-12-2020 2/3 petitioner. Learned counsel further submits that petitioner is in custody since 18.11.2019 having no criminal antecedent and the similarly situated co-accused /Shambhu Yadav has been granted bail by this court in Cr. Misc. No. 53424 of 2019. Having regard to the submissions made by the parties and taking into consideration the materials available on record , I am inclined to grant regular bail to the petitioner after framing of charge.

Accordingly, let the petitioner, above named, be released on regular bail after framing of charge on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai / court concerned in connection with Sahebpur Kamal P.S. Case No. 342 of 2018 , G.R. No. 4645 of 2018 on the following condition:- (i) that the petitioner shall remain present on each and every date during the course of trial and in case of default on two consecutive dates on the part of the petitioner, his bail bond shall liable to be cancelled.

It is made clear that at the time of furnishing bail bond

Patna High Court CR. MISC. No.26548 of 2020(4) dt.04-12-2020 3/3 all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) praful/- U T