Sitaram Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2683 of 2018 Arising Out of PS.Case No. -53 Year- 2017 Thana -HAYAGHAT District- DARBHANGA ====================================================== Sitaram Yadav, aged about 50 years, Son of late Ram Kirpal Yadav Resident of Village- Ramauli, P.S. Hayaghat, District- Darbhanga. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mrs. Shama Sinha, Advocate. For the Opposite Party/s : Mr. Indra Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 15-02-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Hayaghat P.S. Case No. 53 of 2017 instituted for the offence under Sections 302/34 and Section 120(B) of the Indian Penal Code. It has been submitted that petitioner is Chowkidar. There was dispute between family of the deceased and family of the co-accused Devendra Sada for a piece of land situated behind their house.
Learned counsel for the petitioner has stated in paragraph-8 of the bail petition that both the parties due to land dispute have lodged cases against each other, such as, Hayaghat P.S. Case No. 116 of 2013, Hayaghat P.S. Case No. 17 of 2017 and Hayaghat P.S. Case No. 17 of 2016. The petitioner being the
Patna High Court Cr.Misc. No.2683 of 2018 (2) dt.15-02-2018 2/3 Chowkidar was mediating between the parties in one of cases vide Hayaghat P.S. Case No. 16 of 2016. Therefore, the name of this petitioner has also been added in the instant case. In the written report there is no allegation of any specific overt act against this petitioner. It is only alleged that on the instigation of the petitioner, the accused persons committed "Mar-Pit" with husband of the informant as a result of which, he died.
Learned counsel for the informant has appeared and opposed the prayer for anticipatory bail of the petitioner. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Hayaghat P.S. Case No. 53 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Darbhanga, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be
Patna High Court Cr.Misc. No.2683 of 2018 (2) dt.15-02-2018 3/3 present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if 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.
(Sanjay Priya, J) S.Ali/- U T