Patna High CourtCR. MISC./26523/2017bail granted

Chhotu Yadav v. The State Of Bihar

2017-07-11Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26523 of 2017 Arising Out of PS.Case No. -344 Year- 2015 Thana -TEKARI District- GAYA ======================================================

1. Chhotu Yadav Son of Prashuram Yadav, Resident of Village- Malsari, Police Station- Tekari (Panchanpur O.P.), and District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. Sri Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-07-2017 The petitioner seeks regular bail in connection with Tekari P.S. Case No. 344 of 2015, registered for offences punishable under Sections 147, 148, 149, 34, 342, 302 and 120(B) of the Indian Penal Code.

It has been submitted on behalf of the petitioner that in this case altogether thirteen persons including petitioner has been made accused and no specific allegation has been attributed to him and whatever allegation that has been made against the petitioner is completely on the basis of confessional statement of co-accused of this case and now the informant himself has been decleared hostile. Further petitioner has been in judicial custody since 21.04.2016.

Learned counsel could not point out any specific overt act against the petitioner save and except the confessional statement of co-accused.

Having heard both sides, in view of the facts as stated

Patna High Court Cr.Misc. No.26523 of 2017 (3) dt.11-07-2017 2/2 above, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge- IVth, Gaya, in connection with Tekari P.S. Case No. 344 of 2015, subject to the 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 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.

(Vinod Kumar Sinha, J) sunil/- U T