Rajeev Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47720 of 2016 Arising Out of PS.Case No. -49 Year- 2016 Thana -DHARHARA District- MUNGER ====================================================== Rajeev Yadav Son of Saryug Yadav, resident of Village- Rampur Basti, P.S.- Jamalpur, Distt.- Munger.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Krishna Pd. Singh Mr. Dhirendra Nath Jha For the State : Mr. Sri Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 07-12-2016 Heard Mr. Krishna Pd. Singh for the petitioner and Mr. Lalan Kumar, APP for the State.

The petitioner prays for bail in Dharhara P.S. Case No. 49 of 2016 registered under sections 302 and 120B/34 IPC including section 27 of the Arms Act. The informant spelling out reasons have suspected the hands of the petitioner and his other family members in the murder of her son who was shot dead. It is submitted that, although the petitioner is named in the FIR along with others, but merely on suspicion. In course of investigation, witnesses have only suspected the hands of the petitioner in the crime. The

Patna High Court Cr.Misc. No.47720 of 2016 (4) dt.07-12-2016 2/3 petitioner is languishing in jail custody since 16.06.2016. Co-accused Hira Kumar @ Ashish Kumar Singh has been released on bail vide order dated 24.11.2016 passed in Cr. Misc. No. 50632 of 2016. The investigation has been completed and the charge-sheet has been filed. Learned APP, on the other hand, submitted that the petitioner is also an accused of a case registered under section 302 IPC in which he was enjoining the privilege of bail.

Considering the facts and circumstances of the case, this Court, while declining the prayer of the petitioner, disposes of the application by the following order:-. Let the trial court take steps for framing of charges of the petitioner as quickly as possible preferably within 04 month from the date of receipt/production of a copy of this order. No sooner the charges are framed, the petitioner above named shall be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Sri Sone Lal Rajak, Judicial Magistrate, 1st Munger in Dharhara P.S. Case No. 49 of 2016 on condition that one of the bailors of the petitioner shall be his own/close family member. In the

Patna High Court Cr.Misc. No.47720 of 2016 (4) dt.07-12-2016 3/3 event of framing of charge, the petitioner shall appear in person on each date fixed at the trial. In case of default in doing so on two consecutive dates, the trial court shall have liberty to cancel his bail bonds and secure his arrest in accordance with law.

(Kishore Kumar Mandal, J) HR/- U T