← Library
Patna High CourtCR. MISC./60376/2017bail granted

Parshuram Yadav And ORS v. The State Of Bihar

2017-12-21Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60376 of 2017 Arising Out of PS.Case No. -280 Year- 2017 Thana -BODHGAYA District- GAYA ======================================================

1. Parshuram Yadav, S/o Deoni Yadav,

2. Ajay yadav S/o Parshuram Yadav,

3. Arvind Yadav @ Arbind Yadav S/o Parshuram Yadav, All R/o Village- Mahuari, P.S.- Barachatti, District- Gaya. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Bhaskar Shankar, Advocate For the Opposite Party : Mr. Ramchandra Sahani, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 21-12-2017 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case registered for offence under sections 302, 364, 120B/34 of the IPC.

FIR alleges that the informant's cousin, the deceased had gone along with the petitioners but he did not return. Later on his dead body was found on the hills of Rajgir.

Counsel for the petitioners submits that the FIR is against unknown and the petitioners have been implicated in this case on the confessional statement of co accused Ranjan Kumar Yadav @ Lavlesh Kumar Yadav from whose statement it is evident that the petitioners were not in good terms with the deceased. Similarly situated co-accused Haridwar Mishra has already been allowed bail by this Court vide order dated 9.10.2017, passed in Cr.Misc.No. 40765 of 2017. Petitioners have no antecedent and they are in custody since 16.5.2017. Investigation has also been completed and charge sheet has been submitted in the case.

Patna High Court Cr.Misc. No.60376 of 2017 (2) dt.21-12-2017 2/2 In the facts of the case, prayer for bail of the petitioners is allowed. Let all the three petitioners, as mentioned above, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Sri A. K. Rai, Judicial Magistrate 1st class, Gaya in Bodh Gaya Police Station Case No. 280 of 2017 on the following conditions:- (a) One of the bailors will be a close relative of the petitioners who will give an affidavit giving genealogy as to how they are related with them. The bailor will also undertake to inform the court if there is any change in the address of the petitioners.

(b) The petitioners will be well represented on each date and if they fail to do so on two consecutive dates, their bail will be liable to be cancelled.

(Madhuresh Prasad, J) Shashi.

U T