Kashi Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64128 of 2021 Arising Out of PS. Case No.-15 Year-2021 Thana- BARHARA District- Bhojpur ====================================================== KASHI YADAV Son of Girvar Yadav Resident of Village - Kawal Chapra, Police Station - Barhara (Sinha O.P.), District - Bhojpur. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Kumar For the Opposite Party/s :
Mr.Nand Kishore Pd.
====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 29-08-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Barhara P.S. Case No. 15/2021 registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.
As per prosecution case, there is accusation against the petitioner and others to have committed murder of the elder brother of the informant. It is alleged that petitioner took away the deceased with him from the house.
Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. There is no eye witness of the alleged occurrence. From perusal of the FIR, it can be said that the petitioner is lastly seen with the deceased. During course of investigation, there is
Patna High Court CR. MISC. No.64128 of 2021(5) dt.29-08-2022 2/3 nothing on record to demonstrate the complicity of the petitioner with the alleged occurrence. All the witnesses who are close relatives are heresay witnesses and the name of petitioner has been found only on suspicion. Learned counsel for the petitioner further submits that the petitioner is co-villager of the informant. The petitioner has no concern with the Ravindra Yadav who earlier threatened to the deceased to kill him. There is no motive attributed toward the present petitioner. The petitioner is languishing in custody since 09.01.2021 and bears no criminal antecedent. Charge sheet has been submitted in this case and there is no likelihood of tampering with the prosecution evidence.
The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.
Considering the facts and circumstances of the case, period of custody, charge sheet has already been submitted in this case and there is no likelihood of tampering with the prosecution evidence and keeping in view clean antecedent of petitioner and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.64128 of 2021(5) dt.29-08-2022 3/3 satisfaction of learned Chief Judicial Magistrate, Bhojpur at ARa in connection with Barhara P.S. Case No. 15/2021, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Alok Kumar Pandey, J) amitkumar/- U T