Pappu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40504 of 2021 Arising Out of PS. Case No.-14 Year-2020 Thana- BELHAR District- Banka ====================================================== Pappu Yadav S/O Prakash Yadav R/O Village - Amgarwa, P.S.- Belhar, District - Banka ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Brij Nandad Prasad For the Opposite Party/s :
Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.
21-10-2021 Heard learned counsel for the parties.
The petitioner seeks bail in Belhar P.S. Case No. 14 of 2020, registered for the offence under Sections 302 / 34 / 120(B) of the Indian Penal Code and Section 27 of the Arms Act. As per the prosecution case, on 12.01.2020, the informant got an information that her husband has been murdered by FIR named accused persons, while he was returning home.
Petitioner is not named in the FIR. Name of the petitioner has come during course of investigation only on suspicion. There is no eye-witness to the occurrence. It is further submitted that co-accused Arvind Singh and Prabhakar Singh, who are named in the FIR, have already been granted bail by a coordinate Bench of this Court, vide order dated 14.07.2021 passed in Cr.Misc. No. 38849 of 2020. Petitioner is in custody
Patna High Court CR. MISC. No.40504 of 2021(2) dt.21-10-2021 2/2 since 09.04.2021. Investigation is complete.
Learned A.P.P. for the State has opposed the bail petition.
Considering the aforesaid facts and circumstances, the bail petition of petitioner is allowed. Let the above named petitioner 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 learned Chief Judicial Magistrate, Banka in connection with Belhar P.S. Case No. 14 of 2020, on the following conditions:
"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his 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.) anay U T