Chandra Kishore Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21090 of 2018 Arising Out of PS.Case No. -716 Year- 2017 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Chandra Kishore Yadav, Son of Joku Yadav, Resident of Village-Shankar Saraiya Ahir Tali P.O. and P.S.-Turkauliya, District-East Champaran. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Pravin Kumar, Advocate For the Opposite Party/s : Mr. Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 30-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 5.1.2018 in connection with Turkauliya P.S. Case No.716 of 2017 for the offences alleged under Sections 302/120(B) of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated on mere suspicion and there is no objective material to connect the petitioner with the alleged occurrence. Similarly situated co-accused Manager Sahnai has been granted bail by this Court in Cr. Misc. No.17168 of 2018.

4. Learned A.P.P. assisted by learned counsel for the informant appearing suo mutu opposes the bail petition.

5. Be that as it may, having regard to the entirety of

Patna High Court Cr.Misc. No.21090 of 2018 (3) dt.30-04-2018 2/2 the facts and circumstances of the case, 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 leach to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran, in connection with Turkauliya P.S. case No.716 of 2017, on the following conditions :

(i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Vikash Jain, J) N.H./- U T