Binod Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57894 of 2015 Arising Out of PS. Case No. -105 Year- 2015 Thana -SHERGHATI District- GAYA ======================================================

1. Binod Yadav son of Lakshman Yadav @ Laxman Yadav, Resident of village- Wari Gouspur (Tola Munsi Chak), P.S.- Dobhi (Sherghati), District- Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Javed Jafar Khan, Adv. For the Opposite Party/s : Mr. Murlidhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 22-01-2016 Heard learned counsel for the parties.

The petitioner is in custody in connection with Sherghati (Dobhi) P.S. Case No. 105 of 2015 for the offences punishable under Sections 302/34 of the Indian Penal Code. The allegation as set out in the F.I.R. present at Annexure-1 reflects that on a call made by accused Heroinia @ Soni Devi that the son of the informant left his house and never returned. The dead body of the son of the informant was found from the Ahar. It is the allegation of the informant that upon registry of land being carried out by his son-in-law that this petitioner along with two other accused threatened to wipe out the family and thus are a party to his murder.

Having heard learned counsel for the parties and considering the circumstances discussed in the F.I.R., let the

Patna High Court Cr.Misc. No.57894 of 2015 (2) dt.22-01-2016 2/2 petitioner namely, Binod Yadav be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Sherghati at Gaya in connection with Sherghati (Dobhi) P.S. Case No.105 of 2015 subject to the following conditions: (a) One of the close relative of the petitioner would stand as a bailor and would file an affidavit as regarding his /her relationship with the petitioner as also an undertaking of informing the court below regarding change of address of the petitioner.

(b) The petitioner would file an affidavit to accept the police papers and if he avoids to do so, the court below would be at liberty to cancel the bail bonds of the petitioner. (c) The petitioner shall ensure his representation before the Court below on each and every date fixed in the case and failure on the part of the petitioner to ensure his representation on two consecutive dates fixed without reasonable explanation to the satisfaction of the Court below, would entitle the Court concerned to cancel the bail bonds of the petitioner and to take him into custody. Bibhash/- (Jyoti Saran, J) U T