Kail Prajapat @ Aakash Jee v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28676 of 2018 Arising Out of PS.Case No. -34 Year- 2012 Thana -GURARU District- GAYA ====================================================== Kail Prajapat @ Aakash Jee S/o Indradeo Prajapat, R/o Vill.- Ajan, P.S.- Goh, District- Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Angad Singh For the Opposite Party/s : Mr. Sri Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 29-06-2018 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner is in custody in connection with Guraru P.S.Case No.34 of 2012 registered for an offence under Sections 307/34, 384 and 323 of the IPC, Section 27 of the Arms Act and 17 of the Criminal Law Amendment Act.

It has been submitted that the case has been registered against unknown persons. In course of investigation, one Satyendra Yadav @ Sheopujan Yadav was arrested and he disclosed the name of this petitioner and other co-accused in his confession. The said apprehended accused Satyendra Yadav has been allowed bail in Cr.Misc.No.12653 of 2013. The other coaccused have also been granted bail by another coordinate Bench

Patna High Court Cr.Misc. No.28676 of 2018 (3) dt.29-06-2018 2/2 of this Court in Cr.Misc.No.35872 of 2013. The petitioner is in custody since 16.09.2016 and his case stands on similar footing. The learned APP opposed the submissions.

Considering the aforesaid facts and circumstances, prayer for bail 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 ADJ-Ist, Gaya in Sessions Trial No.74 of 2017 arising out of Guraru P.S.Case No.34 of 2012 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 cooperate in the disposal of trial and make themselves 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.

(Sanjay Kumar, J) B.Kr./- U T