Bedo Yadav @ Bedanand Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56036 of 2018 Arising Out of PS.Case No. -289 Year- 2015 Thana -GOPALPUR District- BHAGALPUR ======================================================

1. Bedo Yadav @ Bedanand Yadav Son of Uday Yadav @ Udheshwar Yadav Resident of Village - Kheriya, P.S. Kurshela, District - Katihar. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ranjan Kumar Jha For the Opposite Party/s : Mr. Sri Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-10-2018 The petitioner is in custody since 19.10.2016 in connection with Gopalpur P.S. Case No. 289 of 2015, registered for offences punishable under Sections 302, 201, 120(B)/34 of the Indian Penal Code.

Allegation as per F.I.R is that informant was having a dispute with the villagers Pintu Yadav, Panchu Yadav, Govind Yadav and Bedo Yadav (petitioner) and it is alleged that on 24.12.2015, petitioner came and took the brother of informant with himself, thereafter, on 26.12.2015, the dead body of the brother of the informant was found.

It has been submitted on behalf of the petitioner that save and except suspicion that he has taken the deceased with himself, there is nothing available to show that petitioner has any role to

play in the murder of brother of the informant. Further submission is that there was no land dispute between the petitioner and informant or his brother. He has been made accused only on the basis of suspicion and has been in judicial custody since 29.07.2018 and other co-accused persons have already been enlarged on bail by coordinate Benches of this Court vide order dated 28.07.2016 passed in Cr. Misc. No. 22772 of 2016 and vide order dated 17.01.2017, passed in Cr. Misc. No. 55779 of 2016. Heard learned A.P.P. also.

Having heard both sides, considering the aforementioned facts and circumstances, the period of custody and also that the petitioner has no criminal antecedent, 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 Additional District Judge-II, Naugachia, in connection with Gopalpur P.S. Case No. 289 of 2015, 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 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