Lal Mohan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30841 of 2017 Arising Out of PS.Case No. -162 Year- 2016 Thana -SULTANGANJ District- BHAGALPUR ====================================================== Lal Mohan Yadav, Son of Pawan Yadav, Resident of Village- Masdi, P.S.- Sultanganj, District- Bhagalpur.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ranjan Kumar Jha ,Advocate For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 28.04.2017 in connection with Sultanganj P.S. Case No. 162 of 2016 for the alleged offences under Section 147, 149, 323, 341, 307, 379, 427 and 504 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and the injury report showing only one injury on the head of the informant does not corroborate the accusation of assault by nine accused persons and it is not known as to which of the nine persons had committed the assault which caused the injury. Similarly situated co-accused persons have been granted anticipatory bail by the learned Court below in A.B.P. No. 233 of 2017. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction

Patna High Court Cr.Misc. No.30841 of 2017 (3) dt.11-08-2017 of learned A.C.J.M. Ist, Bhagalpur in connection with Sultanganj P.S. Case No. 162 of 2016, on the following conditions:- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(iv) That 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 reason, his bail bond shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/BT U T