Ramchandra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16814 of 2017 Arising Out of PS.Case No. -3 Year- 2017 Thana -KOTWALI District- MUNGER ======================================================

1. Ramchandra Yadav, Son of Late Sukdeo Yadav, Resident of VillageKemkha, P.S.- Kotwali, District- Munger. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Yogesh Chandra Verma, Sr. Adv. Mr. K.N. Sahay, Adv.

For the Opposite Party/s : Mr. Rajeev Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-04-2017 Heard the parties.

The petitioner is apprehending his arrest in connection with Kotwali P.S.Case No.03 of 2017 registered for offences punishable under Sections147, 148, 149, 342, 307 and 504 of the Indian Penal Code.

Allegation against the petitioner is that he is only ordergiver to the other co-accused persons, who fired upon the injured. It is submitted on behalf of the petitioner that except that he is only order-giver, there is nothing against him and the F.I.R. itself shows that there was dispute between the parties from before.

Heard learned A.P.P. also.

Having heard both sides and in view of allegation, as stated

Patna High Court Cr.Misc. No.16814 of 2017 (2) dt.18-04-2017 2/2 above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of three weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Munger in connection with Kotwali P.S.Case No.03 of 2017, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. With 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 co-operate in the investigation of the case and make himself available as and when required by the police.

(iv) If any serious materials, apart from the materials, which have been mentioned in the F.I.R, comes against the petitioner, the prosecution is free to move for cancellation of bail bond of the petitioner. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U