Gopal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.452 of 2018 Arising Out of PS.Case No. -11 Year- 2017 Thana -MUFFASIL District- AURANGABAD ======================================================

1. Gopal Yadav, Son of Late Shiv Nandan Yadav, resident of VillageBahuara, Police Station- Aurangabad (Muffasil), District- Aurangabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tej Narayan Singh For the Opposite Party/s : Mr. Sri Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-01-2018 Earlier prayer for bail of the petitioner was disposed of vide order dated 01.09.2017 passed in Cr. Misc. No. 38042 of 2017, with observation that petitioner may renew his prayer for bail after framing of charge in this case.

Submission of learned counsel for the petitioner that now charge has been framed in this case and petitioner has been in custody since 19.04.2017.2017 and is ready to abide by any condition imposed on him for grant of bail.

Heard learned A.P.P. as well as learned counsel for the informant. Learned counsel for the informant opposed the prayer for bail on the ground that the petitioner is threatening the informant from the jail and asking him not to depose in the case, for which, informant also filed a petition before the S.P., copy of

Patna High Court Cr.Misc. No.452 of 2018 (2) dt.17-01-2018 2/3 the same has been filed as counter affidavit. Having heard both sides, considering the facts and circumstances of the case and as no substantial case has been filed with regard to threatening made by the petitioner to informant and also considering the order dated 01.09.2017 passed in Cr. Misc. No. 38042 of 2017, let 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 Chief Judicial Magistrate, Aurangabad, in connection with Aurangabad (Muffasil) P.S. Case No. 11 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 mark his attendance in the concerned police station of his area in the first week of each months at least for a period of six months so that the police may watch his conduct during the aforesaid

Patna High Court Cr.Misc. No.452 of 2018 (2) dt.17-01-2018 3/3 period.

(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.

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