Karelal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45908 of 2019 Arising Out of P.S. Case No.-128 Year-2019 Thana- PARBATTA District- Khagaria ====================================================== Karelal Yadav, aged about 32 years, Gender-Male Son of Barho Yadav @ Brahmdeo Yadav Resident of Village - Bari Lagar, P.S.- Parbatta, DistrictKhagaria ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Rajendra Narain, Sr. Advocate :

Mr. Manoj Kumar Jha, Advocate For the Opposite Party :

Mr. Narsingh Tanti, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-09-2019 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor, learned counsel for the informant and perused the case diary.

The petitioner is in custody in connection with Parbatta P.S.Case No.128 of 2019 registered for an offence under Section 302 and other allied Sections of the Indian Penal Code and Section 27 of the Arms Act.

It is alleged that the accused persons, variously armed went to the house of the informant at 7.50 P.M., and fired at her husband as a result of which, he died on the spot. It is submitted on behalf of the petitioner that though the accused persons have been named in the FIR with specific allegation and regarding the petitioner, it is alleged that he fired

Patna High Court CR. MISC. No.45908 of 2019(3) dt.25-09-2019 2/3 on the informant which did not hit her. It is also submitted that there is land disputed between the parties. It is also submitted that the allegation of firing on the deceased is only against one co-accused Mantu Yadav and not this petitioner. It is also submitted that chargesheet has already been submitted and petitioner is in custody since 13.05.2019.

However, learned counsel for the informant vehemently opposed the bail prayer of the petitioner and submits that the petitioner was demanding extortion money of Rs.2,00000/- from the informant for cultivating land. In view of the aforesaid facts, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Khagaria in connection with Parbatta P.S.Case No.128 of 2019 corresponding to GR No.1049 of 2019 with following conditions:- (i) Petitioner shall cooperate 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 and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

Patna High Court CR. MISC. No.45908 of 2019(3) dt.25-09-2019 3/3 (ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) B.Kr./- U T