Karu Yadav @ Jai Prakash Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.62799 of 2017 (3) dt.17-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62799 of 2017 Arising Out of PS.Case No. -20 Year- 2016 Thana -CHAKAI District- JAMUI ====================================================== Karu Yadav @ Jai Prakash Yadav, son of Late Radhe Yadav @ Raje Yadav, Resident of Village- AR Pathallaha, P.S. Simultalla, District- Jamui. .... .... Petitioner

Versus

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

For the Petitioner : Mr.Yogesh Chandra Verma, sr. Advocate Mr. Umesh Prasad, Advocate For the Opposite Party : Mrs. Gulnar Begam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 17-02-2018 Heard counsel for the petitioner and the State. Petitioner is an accused in a case registered for offence under sections 302 and 34 of the IPC and under sections 3, 4 and 5 of the Explosive Substance Act.

Counsel for the petitioner submits that the informant's husband succumbed to the bomb injuries for which FIR was lodged against unknown persons and the petitioner has falsely been implicated in this case merely on the basis of confessional statement of co-accused as well as his own confession. During investigation, no one has made any allegation against the petitioner. Prior to the lodging of this case, he is accused in other case mentioned in paragraph 3 of the bail application. Petitioner is in custody since 27.07.2017. Charge sheet has also been filed in this case, as such, there is no chance of tempering

Patna High Court Cr.Misc. No.62799 of 2017 (3) dt.17-02-2018 the evidence.

Considering the aforesaid submissions, prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate III, Jamui in Chakai Police Station Case No. 20 of 2016 on the conditions that (a) One of the bailors will be a close relative of the Petitioner who will give an affidavit giving genealogy as to how he is related with the Petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner and (b) The Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Shashi.

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