Bechu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.782 of 2017 Arising Out of PS.Case No. -8 Year- 2016 Thana -BUXAR INDUSTRIAL District- BUXAR ======================================================

1. Bechu Yadav Son of Munnilal Yadav Resident of Village Amarpur Nai Basti, P.S. Buxar(I), District Buxar.

.... .... Appellant/s

Versus

1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Ashok Kumar Mishra For the Respondent/s : Mr. Sri Sadanand Paswan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-05-2017 The appellants seeks regular bail in connection with Buxar (I) P.S. Case No. 8 of 2016, registered for offences punishable under Sections 302, 201 and 120B of Indian Penal Code and Section 3(2)(V) of SC/ST (Prevention of Atrocities) Act, 1989.

It has been submitted on behalf of the appellant that appellant has not been named in the F.I.R, his name transpired during the course of investigation on the confessional statement of co-accused. It has further been submitted that one of the coaccused has already been granted bail by this Court vide order dated 06.09.2016, passed in Criminal Miscellaneous No. 29993 of 2016 and the case of the appellant is on better footing that that of the co-accused. Further the appellant has been in custody since

Patna High Court CR. APP (SJ) No.782 of 2017 (3) dt.19-05-2017 2/3 30.11.2016.

Heard learned Special Public Prosecutor as well as learned counsel for the informant. They have opposed the prayer for bail.

Having heard both sides, considering the fact that appellant's name transpired in this case on the basis of confessional statement of co-accused and other co-accused having similar allegation has already been granted bail by this Court and petitioner has remained in custody for more than six months, as such, this appeal is allowed, the appellant, above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge -1st, Buxar, in connection with Buxar (I) P.S. Case No. 08 of 2016, subject to the following conditions:- (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

Patna High Court CR. APP (SJ) No.782 of 2017 (3) dt.19-05-2017 3/3 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.

(Vinod Kumar Sinha, J) sunil/- U T