Rahul Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41288 of 2017 Arising Out of PS.Case No. -90 Year- 2016 Thana -KASIMBAZAR District- MUNGER ======================================================

1. Rahul Yadav Son of Yogendra Yadav resident of Sandalpur, P.S. Kasim Bazar, District Munger.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ajit Kumar Singh For the Opposite Party/s : Mr. Sri Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-09-2017 The petitioner seeks regular bail in connection with Kasim Bazar P.S. Case No. 90 of 2016, registered for offences punishable under Sections 324, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation against ht petitioner is of firing on the informant causing injury to him.

It has been submitted on behalf of the petitioner that there is case and counter case between the parties as earlier the brother of petitioner has been killed. It has further been submitted that though there is allegation of firing, however, the injury caused due to said firing was found to be simple in nature and other coaccused having similar allegation has already been enlarged on bai by a coordinate Bench of this Court vide order dated 12.01.2017,

passed in Criminal Misc. No. 47560 of 2016 and petitioner has been in judicial custody since 03.07.2017.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts as well as in view of the fact that other co-accused has already been granted bail by a coordinate Bench of this Court, as such, let the petitioner 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 CJM, Munger, in connection with Kasim Bazar P.S. Case No. 90 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 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