Shiv Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 55481 of 2017 Arising Out of PS.Case No. -51 Year- 2017 Thana -BIRAUL District- DARBHANGA ====================================================== Shiv Yadav S/o Late Nenai Yadav R/o Village - Jagdishpur, Kahua, P.S. - Biraul, District - Darbhanga.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr Sanjay Kumar, Advocate For the Opposite Party/s : Mr Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 13-12-2017 Heard counsel for the petitioner and the State. The petitioner is accused in Biraul Police Station Case No 51 of 2017 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 302, 504 and 406 of Indian Penal Code.

Counsel for the petitioner submits that owing to a property dispute between the parties, the occurrence had taken place and because of the said dispute, the petitioner has falsely been implicated in this case. He submits that the petitioner is an old person aged about 65 years and suffering from various old age diseases. General and omnibus allegations have been made against all the accused persons except Laxman Yadav against whom there is specific allegation and the said Laxman Yadav is

Patna High Court Cr.Misc. No.55481 of 2017 (3) dt.13-12-2017 2/2 already in custody. Other co-accused have already been allowed bail as has been mentioned in paragraphs 11 and 12 of the petition. Having regard to the submissions made on behalf of the petitioner, prayer for bail is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Biraul, District - Darbhanga in Biraul Police Station Case No 51 of 2017 subject to the following conditions:

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T