Indal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4360 of 2021 Arising Out of PS. Case No.-13 Year-2020 Thana- MADHEPURA District- Madhepura ====================================================== INDAL YADAV Son of Vishnudev Yadav Resident of Village - Gadhiya, P.S. and District - Madhepura.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sharda Nand Mishra Mr. Deepak Kumar For the Opposite Party/s :

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-03-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody since 21.08.2020 in connection with Madhepura P.S. Case No. 13/2020 registered for the offences punishable under Sections 447/307/504/34 of the Indian Penal Code and Section 27 of the Arms Act. As per the prosecution case, on the order given by this petitioner, co-accused Amir Yadav shot the younger brother of the informant.

It is submitted on behalf of the petitioner that petitioner has been falsely implicated in this case due to village politics. It is next submitted that specific allegation of firing is against co-accused Amir Yadav and the petitioner is only alleged

Patna High Court CR. MISC. No.4360 of 2021(2) dt.22-03-2021 2/2 to be the order giver. Chargesheet has already been submitted in this case. Petitioner has got no criminal antecedent and he is in custody since 21.08.2020.

Considering the aforesaid facts and circumstances, the bail petition of the petitioner is allowed. Let the petitioner above named be released on bail, on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount to the satisfaction of learned C.J.M., Madehpura, in connection with Madhepura P.S. Case No. 13/2020, subject to following conditions:- (1)Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court on his absence on two consecutive dates without sufficient reason, his bail-bonds shall be cancelled by the Court below.

(2) If the petitioner tempers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Saif/- U T