Rabindra Yadav @ Rabindra Nath Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30653 of 2018 Arising Out of PS.Case No. -9 Year- 2018 Thana -KATORIA District- BANKA ====================================================== Rabindra Yadav @ Rabindra Nath Yadav S/o Late Bulaki Yadav, R/o Vill.- Chata Kurum, P.S.- Katoriya, District- Banka. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Praveen Kumar For the Opposite Party/s : Md. Ashlam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 05-07-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks bail in connection with Katoriya P.S. Case No. 09 of 2018 registered for the offences under Sections 302, 201 and 120-B of the Indian Penal Code.

After recovery of dead body of deceased on 23.01.2018, the present case has been registered on the fardbeyan of informant who is son of deceased. It has been alleged that the accused persons were at inimical term with the deceased for land dispute. Learned counsel for the petitioner submits that on account of land dispute, the petitioner has been implicated in this case. Except suspicion raised by the informant, there is nothing against the petitioner. The police has submitted charge sheet and so there is no chance of tampering evidence. The petitioner has clean antecedent. It

Patna High Court Cr.Misc. No.30653 of 2018 (4) dt.05-07-2018 2/2 has been further submitted that during investigation the brother of this petitioner namely Naresh Yadav was apprehended by police who confessed his complicity in the above crime. The said Naresh Yadav has been allowed bail by one of the coordinate Bench of this Court in Criminal Misc. No.31815 of 2018. The case of the petitioner stands on similar footing and so he deserves bail.

Considering the aforesaid facts and circumstances, the prayer for bail of the petitioner is allowed and he is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (then thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-I, Banka in connection with Katoriya P.S. Case No. 09 of 2018.

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Sanjay Kumar, J) Mahesh/- U T