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Patna High CourtCR. MISC./41806/2017bail granted

Kali Yadav v. The State Of Bihar

2017-09-11Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41806 of 2017 Arising Out of PS.Case No. -246 Year- 2014 Thana -JHAJHA District- JAMUI ======================================================

1. Kali Yadav Son of Tejo Yadav, R/o Village- Banjama, P.S.- Jhajha, District- Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prabhat Ranjan Singh For the Opposite Party/s : Mr. Smt. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-09-2017 The petitioner seeks regular bail in connection with Jhajha P.S. Case No. 246 of 2014, registered for offences punishable under Sections 147, 148, 149, 341, 342, 448, 380, 384, 364 and 379 of the Indian Penal Code.

Allegation against the petitioner is of kidnapping the informant. It also appears that petitioner is an accused in twenty two other cases.

It has been submitted on behalf of the petitioner that except the allegation that petitioner and others took the informant with themselves and confined him for a night, there is no other allegation against him. Further so far other criminal antecedents are concerned in some of the cases, he has been acquitted whereas in others he is on bail and some cases are still pending. It has also

been submitted that other co-accused person having similar allegation has already been released on bail by coordinate Bench of this Court vide order dated 09.08.2017, passed in Cr. Misc. No. 27533 of 2017 and petitioner has been in judicial custody for last fifteen months.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case and as other co-accused person has already been released on bail by a coordinate Bench of this Court, as such, 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 SDJM, Jamui, in connection with Jhajha P.S. Case No. 246 of 2014, 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