Bipin Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3893 of 2016 Arising Out of PS.Case No. -169 Year- 2008 Thana -SALKHUA District- SAHARSA ====================================================== Bipin Yadav Son of Yoga Yadav @ Yugeshwar Yadav resident of VillageChanan, P.S.- Salkhua, District- Saharsa, Bihar. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Aditya Prakash Sahay For the Opposite Party/s : Mr. Dr. Ajit Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 12-02-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Salkhua P.S. Case No. 169 of 2008 registered for the offences punishable under Sections 147, 148, 149, 302, 307, 364 of the Indian Penal Code and Section 27 of the Arms Act.

Allegedly, there has been exchange of firing in which the husband of the informant received fire arm injury and died and the name of the petitioner and other co-accused have been given in the fardbeyan that they have caused the death of husband of the informant.

Submission is of false implication and that there was firing and counter firing between two groups with regard to cutting of bamboo, there is general and omnibus allegation about firing and in this case similarly situated other co-accused namely,

Patna High Court Cr.Misc. No.3893 of 2016 (2) dt.12-02-2016 2/2 Sumant Yadav, Sudeep Kapar, Panjay Yadav, Pappu Yadav and Sudhir Yadav have already been allowed bail by different coordinate Benches of this Court and the petitioner is suffering in custody since 27.08.2015. Chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence. The learned A.P.P. is not in a position to distinguish the case of the petitioner from other co-accused. In the facts and circumstances stated above, the petitioner, above named, is also directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned C.J.M., Saharsa arising out of Salkhua P.S. Case No.

169 of 2008 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.