Jugli Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.20006 of 2017 (4) dt.07-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20006 of 2017 Arising Out of PS.Case No. -143 Year- 2016 Thana -BITHAN BAZAR District- SAMASTIPUR ======================================================

1. Jugli Yadav Son of Udho Yadav Resident of Village- Pusho, Police Station- Bithan, District- Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binay Kumar For the Opposite Party/s : Mr. Sri Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-07-2017 Heard the parties.

The petitioner seeks regular bail in connection with Bithan P.S.Case No.143 of 2016, registered for offences punishable under Sections 147, 148, 149 & 302 of the Indian Penal Code 27 of the Arms Act.

Allegation against the petitioner and other accused persons is of firing on the deceased, causing his death and in this case, diary has been called for and that shows that the injuries are of sharp cutting weapon.

It is submitted on behalf of the petitioner that on the above ground, he has been falsely implicated in this case and now he is in custody for more than seven months.

Heard learned A.P.P. as well as learned counsel for the

Patna High Court Cr.Misc. No.20006 of 2017 (4) dt.07-07-2017 informant. They have opposed the prayer for bail. Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of S.D.J.M., Rosera, Samastipur in connection with Bithan P.S.Case No.143 of 2016.

With 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 co-operate 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.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U