Kameshwar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30763 of 2019 Arising Out of PS. Case No.-15 Year-2016 Thana- SIDHWALIYA District- Gopalganj ====================================================== Kameshwar Yadav Son of Late Shri Ram Yadav Resident of Village - Kherwa Bansahi, P.S.- Basantpur, Distt - Siwan ... Petitioner
Versus
The State of Bihar ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr.Ratnakar Pandey, Advocate For the Opposite Party :
Mr.Bharat Lal, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-09-2019 Heard learned counsel for the parties and perused the case diary.
Petitioner is an accused in a case registered for the offence punishable under Sections 341, 323, 307 and 302/34 of the Indian Penal Code on the allegation that the petitioner and other accused persons assaulted informant's father with lathi and farsa causing head injury leading to his death. Learned counsel for the petitioner submits that there is no specific allegation against the petitioner and several similarly situated co-accused have already been allowed bail by a bench of this Court vide order dated 23.1.2017. Petitioner has got no criminal antecedent and is in custody since 12.3.2019. Charge sheet has also been filed in the case, as such, there is no chance of tempering with the evidence.
In view of the facts and circumstances of the case,
Patna High Court CR. MISC. No.30763 of 2019(4) dt.18-09-2019 2/2 prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, 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 the Additional Chief Judicial Magistrate VIII, Gopalganj in Sidhwalia Police Station Case No. 15 of 2016 on the condition that the petitioner shall fully co-operate with the investigation and trial of the case, failing which the Court below shall be at liberty to cancel the bail bond of the petitioner.
(Prabhat Kumar Singh, J) Shashi U T