Shyam Sundar Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.52654 of 2017 (2) dt.14-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52654 of 2017 Arising Out of PS.Case No. -128 Year- 2017 Thana -AMARPUR District- BANKA ======================================================

1. Shyam Sundar Yadav S/o Late Punni Yadav Resident of Village - Dharampur, Police Station - Amarpur, District - Banka. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ajay Mukherjee For the Opposite Party/s : Mr. Sri Kumar Virendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-11-2017 The petitioner seeks regular bail in connection with Amarpur P.S. Case No. 128 of 2017, registered for offences punishable under Sections 147, 148, 149, 342, 324, 307, 337, 338, 353, 333, 504 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation against the petitioner and others is of firing on the police party, when they had gone on place of occurrence to prevent the construction of temple.

It has been submitted on behalf of the petitioner that petitioner is not named in the F.I.R later on his name transpired in this case on the statement of chowkidar. Further petitioner has been in custody for last three months and charge-sheet has also been submitted in this case.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let

Patna High Court Cr.Misc. No.52654 of 2017 (2) dt.14-11-2017 the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned ACJM -1st Banka, in connection with Amarpur P.S. Case No. 128 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) 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.

(Vinod Kumar Sinha, J) sunil/- U T