Binay Yadav And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69254 of 2018 Arising Out of PS. Case No.-58 Year-2018 Thana- KACCHWA District- Rohtas ======================================================

1. Binay Yadav, Son of Late Parshu Ram Yadav,

2. Jwala Yadav @ Jwala Singh, S/o Awdhesh Singh,

3. Chaneshwar Yadav @ Dhaneshwar Yadav @ Bhuar Yadav, Son of Late Antu Singh, All are the resident of Village- Niranjanpur, Police Station- Kachhawan, District- Rohtas (Bihar)./ ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Dhaneshwar Prasad Gupta For the Opposite Party/s :

Mr. Sri Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-12-2018 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners, who are in custody, seek bail in connection with Kachhawan P.S. Case No. 58 of 2018 registered for the offence punishable under Section 302/34 of the Indian Penal Code.

Informant is the son of deceased, who in his written complaint has stated that on 23.06.2018 at 7:00 AM there was some dispute with respect to construction of water drain and thereafter five FIR named accused came there and started abusing his father and thereafter accused Daroga Yadav and Munna Yadav killed his father by strangulation and he died on

Patna High Court Cr.Misc. No.69254 of 2018(3) dt.04-12-2018 2/2 the spot. Allegation against petitioners is that they were also present there and were abusing. Petitioners have no criminal antecedent and they are in custody since 20.08.2018. Considering the aforesaid facts and circumstances of the case, let the petitioners named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Bikramganj, Rohtas, in connection with Kachhawan P.S. Case No. 58 of 2018 subject to the conditions that:-

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

(2) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and their absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel their bail bond.

(3) If the petitioners 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 petitioners.

(S. Kumar, J) veena/- U T