Yaddu Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53902 of 2019 Arising Out of PS. Case No.-81 Year-2018 Thana- VAISHALI District- Vaishali ====================================================== Yaddu Ram Son of Late Asarfi Ram Resident of Village - Bardahiya, Chaknait, P.S.- Vaishali, District- Vaishali ... Petitioner

Versus

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

For the Petitioner :

Mr.Pramod Mishra, Advocate For the State :

Mr.Ahmad Ali, Addl Public Prosecutor For the informant :

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-11-2019 Heard learned counsel for the parties and perused the case diary.

Petitioner is an accused in a case registered for the offence punishable under sections 307/302 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. No specific allegation of overt act has been alleged against the petitioner who is in custody since 14.2.2019 having no criminal antecedent. Charge sheet has also been filed in the case, as such, there is no chance of tempering with the evidence. Similarly situated co-accused Suresh Ram and Ramesh Ram have already been allowed bail by a bench of this Court vide order dated 21.8.2019, passed in Cr.Mis.No. 51510/2019.

Learned counsel for the informant opposes the prayer for bail.

In view of the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.53902 of 2019(4) dt.16-11-2019 2/2 each to the satisfaction of the Chief Judicial Magistrate, Vaishali in Vaishali Police Station Case No. 81 of 2018, on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

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

(Prabhat Kumar Singh, J) Shashi U T