Bambam Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40964 of 2018 Arising Out of PS.Case No. -681 Year- 2017 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ======================================================
1. Bambam Yadav S/o Ahok Yadav, R/o Vill.- Surkikal Bhattha, P.S.- Barari, District- Bhagalpur.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vivekanand Vivek, Advocate For the Opposite Party/s : Dr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-09-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The Petitioner seeks regular bail in connection with Kotwali (Barari) P.S.Case No. 681 of 2017/ S. Tr. No. 202 of 2018 registered for offences punishable under Section 302/34 of the IPC.
Allegation against the petitioner is of that the mother of the informant was last seen with his uncle and his son, Niranjan Hari and thereafter, she is traceless and later on the dead body of his mother has been recovered.
Submission of the learned counsel for the petitioner is that the petitioner is not named in the FIR and his name transpires only on the basis on suspicion. It is also submitted that
Patna High Court Cr.Misc. No.40964 of 2018 (3) dt.24-09-2018 2/2 there is no eye witness of the occurrence and he is in custody since 06.12.2017.
Heard learned A.P.P also.
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/- ( Rupees Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-I, Bhagalpur in connection with Kotwali (Barari) P.S.Case No. 681 of 2017/ S. Tr. No. 202 of 2018, 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) It is made clear that if petitioner found involved in any of the like offences, in future, prosecution is free to move for cancellation of his bail bonds. (Vinod Kumar Sinha, J) Sudha/- U T