Patna High CourtCR. MISC./57399/2017bail granted

Sachida Nand Yadav @ Sachida Nand Kumar v. The State Of Bihar

2017-12-14Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57399 of 2017 Arising Out of PS.Case No. -250 Year- 2017 Thana -BARAUNI District- BEGUSARAI ======================================================

1. Sachida Nand Yadav @ Sachida Nand Kumar S/o Late Janardan Yadav, R/o Vill.- Kasaha- Baruyahi, P.S.- Barauni, District- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shubhesh Pandey For the Opposite Party/s : Mr. Sri Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 14-12-2017 Heard learned counsel for the petitioner as well as learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Barauni (Refinery) P.S. Case No.250 of 2017 registered for the offences punishable under Sections 307/34 and 120(B) of the Indian Penal Code and Section 27 of the Arms Act. It has been submitted that on account of old enmity this case has been lodged against the petitioner. The allegation of firing against the petitioner, in which no injury has been caused to the informant, is omnibus. Out of 5-6 F.I.R. named accused, four have been allowed bail in Criminal Miscellaneous No.49798 of 2017 by a coordinate Bench of this Court on 18.10.2017. The case of the petitioner stands on similar footing and he is in custody

Patna High Court Cr.Misc. No.57399 of 2017 (2) dt.14-12-2017 since 05.10.2017 and has clean antecedent.

Learned A.P.P. for the State opposed the submission. Considering the facts and circumstances of the case, the prayer of bail is allowed. The petitioner, named above, is directed to 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 the learned Chief Judicial Magistrate, Begusarai in connection with Barauni (Refinery) P.S. Case No.250 of 2017, 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) If the petitioner is found involved in future in similar type of allegation, the prosecution will have liberty to move for cancellation of bail. (iv) The petitioner shall cooperate 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.

(Sanjay Kumar, J) Harish/- U