Rameshwar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 29996 of 2020 Arising Out of PS. Case No.-9 Year-2020 Thana- BALIYA District- Begusarai ====================================================== RAMESHWAR YADAV S/o Yugal Yadav R/o Vill.-Phulwaria, Danauli, Ward No.-3, P.S.-Ballia, Distt.-Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar Singh For the Opposite Party/s :
Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-01-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is in custody since 16.03.2020 in connection with Ballia P.S. Case No. 09/2020 registered for the offences punishable under Sections 302/201/120(B)/34 of the Indian Penal Code.
As per the prosecution case, while the informant along with his son went for walk, all six FIR named accused persons, armed with pistol and katta, surrounded the son of the informant and threatened him to kill. On seeing this, the informant went back to his village and informed the villagers about the incident. Later on, on search, dead-body of the son of the informant was found in the field of Anandi Yadav, Phulwaria Naya Tola. It is suspected that all the accused persons committed murder of the son of the informant.
Patna High Court CR. MISC. No. 29996 of 2020(3) dt.11-01-2021 2/3 Learned counsel for the petitioner submits that petitioner is not named in the FIR. Name of the petitioner has come in the re-statement of informant during the course of investigation. Chargesheet has already been submitted and the petitioner is in custody since 16.03.2020. It is further submitted that co-accused Sudhir Yadav has already been granted bail by this Court vide order dated 11.12.2020 passed in Cr. Misc. No. 30668 of 2020.
Considering the aforesaid facts and circumstances, the bail petition of the petitioner is allowed. Let the petitioner above named be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with Balia P.S. Case No. 09 of 2020, subject to following conditions:- (1)Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court on his absence on two consecutive dates without sufficient reason, his bail-bonds shall be cancelled by the Court below.
(2) If the petitioner tempers with the evidence or the
Patna High Court CR. MISC. No. 29996 of 2020(3) dt.11-01-2021 3/3 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Prabhat Kumar Singh, J) Saif/- U T