Rajendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23068 of 2017 Arising Out of PS.Case No. -165 Year- 2016 Thana -ALOULI District- KHAGARIA ======================================================

1. Rajendra Yadav Son of Late Gohal Yadav Resident of Village - Morkahi Panchayat - Hathuan, P.S. - Allauli, District - Khagaria, At present Address Resident of Village - Belahi Tola, P.S. - Chiraiya (O.P.), District - Saharsa. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shekhar Kumar Singh For the Opposite Party/s : Mr. Sri Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-07-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in a case registered for the offences punishable under Sections 364, 302, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act in connection with Allouli P.S. Case No. 165/2016.

Allegation against the petitioner is that he along with other accused persons, having armed with different weapons, came at the door of the informant and dragged her husband towards South and killed her husband Rajesh Yadav. It has been submitted on behalf of the petitioner that he was only a member of the gang. No specific allegation has been made against the petitioner. Specific allegation of killing of the

Patna High Court Cr.Misc. No.23068 of 2017 (3) dt.04-07-2017 2/2 husband of the informant is against Dharamveer Yadav. Further, the petitioner has remained in custody for more than three months and charge-sheet has already been submitted. Other similarly situated accused persons have already been enlarged on bail. Heard learned Additional Public Prosecutor also. Having heard both sides, in view of the facts, 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 the learned Chief Judicial Magistrate, Khagaria, in connection with Allouli P.S. Case No.

165/2016, subject to the conditions that one of the bailors should be relative of the petitioner and another having sufficient immovable property within the jurisdiction of the court below with further condition that he will co-operate in disposal of the trial and will make himself available before the court and failure to appear on two consecutive dates without any appropriate reason will be liable for cancellation of his bail. (Vinod Kumar Sinha, J.)