Munnar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24873 of 2014 Arising Out of PS.Case No. -82 Year- 1994 Thana -CHOUTARWA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Munnar Yadav Son of Late Prasad Yadav, Resident of VillageMadanpur, Police Station- Naurangia, District- West Champaran .... .... Petitioner

Versus

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

For the Petitioner : Mr. Milind Kumar Mishra For the Opposite Party : Mr. U.S.P.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-02-2015 Petitioner is languishing in custody since 08.10.2013 in a case registered for the offences punishable under Sections 302, 307, 323, 324, 34 of the I.P.C and Sections 25, 26, 27 of the Arms Act.

It is alleged that miscreants entered into the house of the informant and his brother and made indiscriminate firing as a result Teni Yadav and Sattan Sah succumbed to the injuries on the spot. Subsequently after being discharged from hospital Hridya Narayan Sah also died. It is claimed by the informant that Hridya Narayan Sah conveyed to the informant that this petitioner was also the member of the group of assailants. The petitioner was chargesheeted in 1998 but has been remanded in the present case in 2013. Though it is claimed that petitioner was in custody in other case since 2005.

Patna High Court Cr.Misc. No.24873 of 2014 (5) dt.03-02-2015 2/2 A statement has been made in para 3 of the petition that though petitioner is still accused in six other cases but he is on bail in all those cases. It is further submitted that police never recorded the statement of Hridya Narayan Sah. Considering the fact that except Hridya Narayan Sah none suggested the presence of the petitioner at P.O., whose statement has not been recorded by the police under 161 Cr.P.C, though he died after months of receiving injury, let the petitioner, above named, 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 Judicial Magistrate, 1st Class, Bagaha, West Champaran in connection with Choutarawa(Bathawaria) P.S. Case No. 82 of 1994, Trial No. 95 of 2013.

Let learned Court below positively cancel the bail bonds of the petitioner, if the petitioner gets substantially involved in similar nature of offence or defaults for two consecutive occasions during trial.

(Dinesh Kumar Singh, J) Shageer/- U T