Uday Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39854 of 2024 Arising Out of PS. Case No.-5 Year-2013 Thana- JAMUI District- Jamui ====================================================== Uday Yadav Son Of Arjun Yadav R/O Vill-Lakhochak, Ps-Chanan, DistLakhisarai, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar Singh, Advocate For the Opposite Party/s :
Mr. Umesh Lal Verma, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. Petitioner seeks regular bail in connection with Jamui P. S. Case No. 5 of 2013 corresponding to Sessions Trial No. 365 of 2013 in a case registered for the offences punishable under Sections 302, 201/34 of the Indian Penal Code.
3. As per the prosecution case, on recovery of unknown dead body of a male aged about 30 years, F.I.R. was lodged against known.
4. Learned counsel for the petitioner submits that petitioner is not named in the F.I.R and his name has transpired during the course of investigation in confessional statement of co-accused Genori Yadav. Except suspicion there is no other material available on record to show complicity of the petitioner in this case. Moreover, co-accused Genori Yadav has already
Patna High Court CR. MISC. No.39854 of 2024(2) dt.09-08-2024 2/2 been granted regular bail vide order dated 13.12.2013 passed in Cr. Misc. No. 20322 of 2013. Petitioner is in custody since 25.01.2021
5. Learned A.P.P. for the State vehemently opposed the bail application.
6. Considering the aforesaid facts and circumstances of the case and period of custody, the bail application 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 Additional District & Sessions Judge-IV, Jamui in connection with Jamui P. S. Case No. 5 of 2013 corresponding to Sessions Trial No. 365 of 2013 on following conditions:- (i) Petitioner shall co-operate in the trial and shall be properly represented on each and every dated fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates, without sufficient reason, his bail bond shall be cancelled by the court below. (ii) 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) Navya/- U T