Suban Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.22434 of 2016 (3) dt.12-07-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22434 of 2016 Arising Out of PS.Case No. -7 Year- 2016 Thana -SRINAGAR DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Suban Yadav son of Bodhi Yadav, resident of village- Srinagar, P.s.- Srinagar Pujaha, District- West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Adv. For the Opposite Party/s : Mr. Dr. Ajit Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 12-07-2016 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Srinagar Pujaha P.S. Case No. 07/2016, registered for the offences punishable under Sections 302, 201, 120B, 34 of the Indian Penal Code.

Ranglal Kumar the son of informant was killed by slitting his neck by the petitioner and other co-accused. Deceased was having love affair with the daughter of the petitioner. Submission is of false implication due to suspicion, the informant is not an eye-witness. During investigation no witness has come forward to state regarding the involvement of

Patna High Court Cr.Misc. No.22434 of 2016 (3) dt.12-07-2016 the petitioner in the said killing. Most of the witnesses are hearsay witnesses. The petitioner is in custody since 08.03.2016. Chargesheet has already been submitted and there is no chance of tampering with the prosecution evidence.

Learned A.P.P. opposes the prayer of bail.

In the facts and circumstances stated above and considering that there is no chance of tampering with the prosecution evidence, the petitioner above-named is 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 Judicial Magistrate Ist Class, Bettiah, West Champaran in connection with Srinagar Pujaha P.S. Case No. 07/2016, subject to the conditions that one of the bailors must be a 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. (Jitendra Mohan Sharma, J.) Vinita/- U T