Sudhir Yadav @ Sudhir Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26330 of 2019 Arising Out of PS. Case No.-297 Year-2018 Thana- KHIJARSARAI District- Gaya ====================================================== Sudhir Yadav @ Sudhir Kumar aged about 25 years (Male) Son of Kameshar Yadav Resident of Village-Tahbal Bigha, P.S.-Makhdumpur, District - Jehanabad.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Shailesh Kumar, Advocate For the Opposite Party :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 23-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 302/201 of the Indian Penal Code registered in connection with Khizersarai P.S. Case No. 297 of 2018.

3. It is submitted that the petitioner has been falsely implicated on mere averment that he was present at the funeral of the deceased. There is inordinate delay in instituting the first information report on 03.11.2018 for the alleged occurrence of 29.10.2018. Suspicion has been raised against co-accused Sanjay Yadav and no overt act whatsoever has been alleged against the petitioner, who claims clean antecedents.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Khizersarai P.S. Case No. 297 of 2018, subject to the conditions as laid down under

Patna High Court CR. MISC. No.26330 of 2019(2) dt.23-04-2019 2/2 Section 438 (2) of the Cr.P.C. and with further conditions -- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (iv) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) BT/- U T