Sanoj Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.50753 of 2018 (3) dt.28-09-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50753 of 2018 Arising Out of PS.Case No. -87 Year- 2018 Thana -GORIAKOTHI District- SIWAN ====================================================== Sanoj Yadav S/o Late Bechan Yadav, R/o Vill.- Jalpurwa, P.S.- Goriya Kothi, District- Siwan.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Ms. Babita Kumari, Adv. For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 28-09-2018 Heard learned counsel for petitioner and learned A.P.P. for the State.

The petitioner seeks bail in Goriya Kothi P.S. Case No. 87/2018, registered for the offences punishable under Sections 302, 201, 379, 120B and 34 of the Indian Penal Code. Informant alleged that accused persons strangulated her brother-in-law (Dewar) and threw his dead-body in orchard. It has been submitted that petitioner has falsely been implicated in this case. Petitioner is not named in the F.I.R. After recovery of dead-body, the F.I.R. was lodged. There is no eyewitness of the occurrence. Save and except suspicion, there is no incriminating material against him.

Petitioner has no criminal antecedent. He is in custody since 14.05.2018.

Patna High Court Cr.Misc. No.50753 of 2018 (3) dt.28-09-2018 Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Twenty thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Siwan in connection with Goriya Kothi P.S. Case No. 87/2018, subject to the conditions:

(1.) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2.) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bonds.

(3.) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Vinita/- U