Satyanarayan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37259 of 2020 Arising Out of PS. Case No.-277 Year-2019 Thana- BIHARIGANJ District- Madhepura ====================================================== Satyanarayan Yadav S/o Late Biranchi Yadav Resident of village- Pakilpar ward no. 12, P. S.- Bihariganj, Dist.- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Singh, Adv.

For the State :

Ms. Meena Singh APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 02-02-2021 Heard learned counsel for the petitioner and the learned APP for the State.

Learned counsel for the petitioner is expected to honor his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by office when called upon.

The petitioner seeks bail in Bihariganj P. S. Case No 277 of 2019 instituted for the offence under Section(s) 302 and 120B of the Indian Penal Code and Section 27 of the Arms Act. 11 named accused persons, including the petitioner have allegedly come by a vehicle. Co accused Lalo Yadav has dragged the informant's husband out of a vehicle and all accused persons opened indiscriminate fire upon him leading to his death.

Petitioner's counsel has submitted that co-accused Pankaj Yadav, Manik Chand Yadav, Pappu Yadav and Anjesh Bhagat have already been granted bail. The petitioner's daughter-in-law had lodged the First Information report against the informant's

Patna High Court CR. MISC. No.37259 of 2020(2) dt.02-02-2021 2/2 husband for offences under Section 302 and other allied offences. That is the basis of the petitioner's false implication. The petitioner has no concern with other accused persons. He is an aged person and has no criminal antecedents nor there is recovery of any incriminating material from the petitioner. He is in custody since 13.10.2019 The learned APP for the State opposed the prayer for bail. Considering the aforesaid, let the petitioner, above named, 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 learned Sub Divisional Judicial Magistrate Udakishunganj, Madhepura, in connection with Bihariganj P. S. Case No 277 of 2019, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T