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Patna High CourtCR. APP (SJ)/2002/2017allowed

Chandan Yadav @ Tigar v. The State Of Bihar

2017-09-21Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.2002 of 2017 Arising Out of PS.Case No. -637 Year- 2014 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ======================================================

1. Chandan Yadav @ Tigar, Son of Lakshman Yadav, Resident of VillageEnglish P.S. Sabout, District- Bhagalpur. .... .... Appellant/s

Versus

1. The State of Bihar.

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

For the Appellant/s : Mr. Rajive Ranjan Singh For the Respondent/s : Mr. Kalyan Shankar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-09-2017 Heard the parties.

The appellant seeks regular bail in Kotwali (Barari) P.S. Case No.637 of 2014 registered for the offence under Sections 302, 201, 120B/34 of the I.P.C. and Section 3(x) of S.C./ST (POA) Act.

The case is under Section 302 of the I.P.C, however, it appears that the appellant is not named in the F.I.R. later on his name transpired on the basis of confessional statement of coaccused, Nakul Yadav in course of investigation. Submission of the learned counsel for the appellant is that no incriminating material has come in course of investigation. He has no criminal antecedent and he is in custody for more than four months and other co-accused persons have already been

Patna High Court CR. APP (SJ) No.2002 of 2017 (4) dt.21-09-2017 2/2 granted bail by this Court as well as other co-ordinate Bench vide Annexure-2 series.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the appellant, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of 2nd Additional Sessions Judge-cum-Speeial Court, Bhagalpur, in Kotwali (Barai) P.S. Case No.637 of 2014 subject to the conditions that (1) one of the bailors of the appellant shall be a local person having sufficient immovable property within the jurisdiction of the concerned court. (2) The appellant will not induce any witness or tamper with the evidence. (3) The petitioner shall co-operate in disposal of trial and make himself available as and when required by the court. In the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reason, his bail bond shall be cancelled. (Vinod Kumar Sinha, J) AnilKrSinha/- U