Tipan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50953 of 2018 Arising Out of PS. Case No.-9 Year-2018 Thana- KATORIYA District- Banka ====================================================== Tipan Yadav, Son of Late Buna Yadav @ Guna Yadav, Resident of VillageDullisar, Police Station- Katoriya, District- Banka. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Mukherjee For the Opposite Party/s :

Mr. Sri Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 03-10-2018 Heard parties.

Petitioner seeks bail in Katoria P.S. Case No. 09 of 2018 registered for the offence punishable under Sections 302, 201 and 120B of the Indian Penal Code.

Allegation against the petitioner is of committing murder of the father of the informant though he is not named in the FIR but during investigation involvement of petitioner has been found.

It has been submitted on behalf of the petitioner that the petitioner has committed no offence and has been implicated in this case on suspicion. It has been further submitted that the petitioner is not named in the FIR and no incriminating material has been recovered from the possession of the petitioner. Similarly, situated co-accused persons have been granted bail by

Patna High Court Cr.Misc. No.50953 of 2018(4) dt.03-10-2018 2/2 co-ordinate benches of this Court vide orders dated 29.06.2018 in Criminal Miscellaneous No. 31815 of 2018 and 05.07.2018 in Criminal Miscellaneous No. 30653 of 2018. Petitioner has got no criminal antecedent and is in custody since 31.01.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st, Banka, in connection with Katoria P.S. Case No. 09 of 2018, with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) ranjan/- U