Sanjay Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.1780 of 2018 (2) dt.11-01-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1780 of 2018 Arising Out of PS.Case No. -285 Year- 2015 Thana -ALOULI District- KHAGARIA ====================================================== Sanjay Yadav, S/o Rajgir Yadav, resident of Village- Sanjhauti, P.S.- Alouli, District- Khagaria.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Rajesh Kumar, Advocate. For the Opposite Party : Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 11-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 21.11.2017 in connection with Alouli P.S. Case No. 285 of 2015 for the offences alleged under Sections 341, 323, 324, 504, 506/34 of the Indian Penal Code and later on Section 307 of the Indian Penal Code was added.

3. It is submitted that the petitioner has been falsely implicated and the thrust of accusation of assault by Kudal is upon co-accused Sudhir Kumar Yadav. It is further submitted that as regards the petitioner's allegations are general and omnibus in nature without any specific injury being attributed to him. 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/-

Patna High Court Cr.Misc. No.1780 of 2018 (2) dt.11-01-2018 (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria, in connection with Alouli P.S. Case No. 285 of 2015, 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 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.

(iv) The petitioner shall cooperate 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.

(Vikash Jain, J) Md. Ibrarul/- U T