Rajnandan Yadav v. The State Of Bihar

Patna High Court CR. APP (SJ) No.2548 of 2017 (3) dt.09-10-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2548 of 2017 Arising Out of PS.Case No. -101 Year- 2017 Thana -HASPURA District- AURANGABAD ======================================================

1. Rajnandan Yadav, son of Dukhan Yadav, Resident of Village- Saidpur, Motibigaha, P.S. Haspura, District- Aurangabad. .... .... Appellant/s

Versus

1. The State of Bihar.

.... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Bachan Jee Ojha For the Respondent/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-10-2017 The appellant seeks regular bail in connection with Haspura P.S. Case No. 101 of 2017, registered for offences punishable under Sections 304/34 of the Indian Penal Code, and Section 3(2)(v) of SC/ST (POA) Act.

Allegation against the appellant that he forced the son of deceased to climb the toddy tree from where he fell down and lost his life.

It has been submitted on behalf of the appellant that he has falsely been implicated in this case only with a view to extract some money from him and he has no role to play in the death of son of informant. Further he has been in judicial custody since 06.06.2017.

Heard learned Special P.P. also.

Having heard both sides, in view of the facts as stated above, this appeal is allowed and impugned order is set aside. Let

Patna High Court CR. APP (SJ) No.2548 of 2017 (3) dt.09-10-2017 the appellant 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 Special Judge, Aurangabad, in connection with Haspura P.S. Case No. 101 of 2017, subject to the following conditions:- (i) One of the bailors of the appellant shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The appellant will not induce any witness or tamper with the evidence.

(iii) The appellant 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 bonds.

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