Sachida Nand Kumar Yadav @ Guliya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25332 of 2018 Arising Out of PS.Case No. -207 Year- 2017 Thana -HASANPUR District- SAMASTIPUR ======================================================

1. Sachida Nand Kumar Yadav @ Guliya, son of Anandi Yadav, resident of Village- Paroriya, P.S.- Hasanpur, District- Samastipur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ranjit Kumar Yadav For the Opposite Party/s : Mr. Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 17-05-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner has been in custody since 03.02.2018 in connection with Hasanpur P.S. Case No. 207/2017 registered for the offences punishable under Section 302/120(B) of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner is not named in the First Information Report, but subsequently, on the ground that the petitioner had communicated with one of the co-accused persons, the petitioner has now been implicated in connection with the present case. It is further submitted that admittedly the informant is not an eye-witness as he had come later. It is next submitted that had the petitioner been there at the place of occurrence, the

Patna High Court Cr.Misc. No.25332 of 2018 (2) dt.17-05-2018 2/3 informant would have identified him also and he would have been named in the First Information Report. Considering the aforementioned facts and circumstances and that the petitioner has no criminal antecedent, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M., IIIrd, Rosera, in connection with Hasanpur P.S. Case No. 207/2017, subject to the following conditions:-

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or their wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in

Patna High Court Cr.Misc. No.25332 of 2018 (2) dt.17-05-2018 3/3 case of failure, the State shall be at liberty to move for cancellation of bail.

(Anjana Mishra, J) Saif/- U T