Shambhu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32311 of 2017 Arising Out of PS.Case No. -58 Year- 2016 Thana -MAHESHKHUNT District- KHAGARIA ====================================================== Shambhu Yadav, son of Late Buddhu Yadav, resident of village - Chhoti Madarpur, P.S. - Maheshkhunt, District - Khagaria. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Pranav Kumar, Advocate For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 20-07-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 13.04.2017 in connection with Maheshkhunt P.S. Case No. 58 of 2016 for the offences alleged under Sections 302, 201 and 34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated as he is not named in the first information report. The petitioner's name has come in the restatement of the informant which itself shows afterthought. The FIR named accused, namely, Vikky Yadav and Pothara Yadav, have been granted bail by this Court in Cr. Misc. No. 53461 of 2016. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Sessions Judge, Khagaria in connection with Sessions Trial No. 212 of 2017 arising out of Maheshkhunt P.S. Case No. 58 of 2016 with the following conditions:-

Patna High Court Cr.Misc. No.32311 of 2017 (2) dt.20-07-2017 2/2 (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) B.T/Ibrar U T