Patna High CourtCR. MISC./60143/2019bail granted

Indra Narayan Yadav @ Indra Nr. Yadav v. The State Of Bihar

2019-12-13Mr. Justice Madhuresh Prasad3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60143 of 2019 Arising Out of PS. Case No.-231 Year-2017 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== INDRA NARAYAN YADAV @ INDRA NR. YADAV Son of Tetar Yadav Resident of Village- Medhuban, Police Station- Kusheshwar Asthan, DistrictDarbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Girish Chandra Jha, Adv.

For the Opposite Party/s :

Mr.Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 13-12-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Kusheshwar Asthan P. S. Case No. 231 of 2017 instituted for the offence under Section(s) 302, 201 and 34 of the Indian Penal Code.

It is submitted by the petitioner's counsel that considering the petitioner's claim for parity with co-accused, namely, Ram Babu Sharma @ Rambabu Sharma in the matter of grant of bail, this Court had directed for submission of a copy of the case diary.

Upon going through the same, it is submitted that other than the fact that the petitioner's name has been taken in the statement of co-accused, namely, Ram Babu Sharma @

Patna High Court CR. MISC. No.60143 of 2019(4) dt.13-12-2019 2/3 Rambabu Sharma, there is nothing on record to connect the petitioner in any manner with the occurrence in-question. The petitioner, prior to the instant case, has no criminal antecedents. The other co-accused, namely, Ram Babu Sharma @ Rambabu Sharma, upon whose confessional statement, he has been implicated in the instant case, has been allowed bail in Cr. Misc. no. 36185 of 2018. The petitioner is in custody since 25.6.2019.

The learned APP for the State is not in a position to point out from the case diary that there is no other material against the petitioner.

Considering the aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate 1st class, Biroul, in connection with Kusheshwar Asthan P. S. Case No. 231 of 2017, subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

Patna High Court CR. MISC. No.60143 of 2019(4) dt.13-12-2019 3/3 (ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T