Shambhu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.22517 of 2017 Arising Out of PS.Case No. -153 Year- 2016 Thana -KASIMBAZAR District- MUNGER ======================================================
1. Shambhu Yadav Son of Late Shiv Sagar Yadav @ Late Shiv Prasad Yadav, Resident of Mohalla- Ghoshi Tola, P.S. Kazim Bazar, District Munger.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sada Nand Roy For the Opposite Party/s : Mr. Kumar Virendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-05-2017 Heard the parties.
The petitioner seeks regular bail in connection with Kasim Bazar P.S.Case No.153 of 2016 registered for offences punishable under Sections 302 and 120(B)/34 of the Indian Penal Code. Allegation against the petitioner is that he in collusion with the other accused persons got the deceased killed. It is submitted on behalf of the petitioner that though he is named in the F.I.R. but there is no allegation of assault against the petitioner and he has been implicated in this case because he was present in the Hotel. It is further submitted that he has clean antecedent and remained in custody for about seven months. Heard learned A.P.P. also.
Having heard both sides and in view of the facts and
Patna High Court Cr.Misc. No.22517 of 2017 (2) dt.11-05-2017 2/2 circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Munger in connection with Kasim Bazar P.S.Case No.153 of 2016 dated 14.11.2016.
With following conditions :
(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.
With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U