Sunil Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.78859 of 2018 Arising Out of PS. Case No.-251 Year-2018 Thana- KONCH District- Gaya ====================================================== Sunil Yadav, son of Kapil Yadav, resident of village, Daulatpur (Tarari), Police Station, Konch, District, Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manish Kumar No-2 For the Opposite Party/s :
Mr. Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 28-01-2019 Heard learned counsel for the parties.
Petitioner seeks bail in Konch P.S. Case No. 251 of 2018 registered for the offence punishable under Sections 147, 148, 149, 341, 324, 326, 323, 504, 307 and 302 of the Indian Penal Code.
Informant has alleged that on 10.08.2018, petitioner along with other co-accused named in the F.I.R. variously armed came at her house and started to abuse her family members and on protest by her husband and other, accused persons with intent to commit murder inflicted blow to her husband Surendra Yadav and her son causing injury. Petitioner inflicted blow upon son of the informant causing injury. Accused persons also assaulted other family members of informant and committed murder of her husband.
It has been submitted on behalf of the petitioner that
Patna High Court Cr.Misc. No.78859 of 2018(4) dt.28-01-2019 2/3 he is innocent and has falsely been implicated in this case. It has further been submitted that petitioner is co-villager of the informant and there is some petty dispute between them and due to that, petitioner has been implicated in this case. Petitioner is alleged to have assaulted son of informant but no injury report is on record. Petitioner has no criminal antecedent and he is in custody since 12.08.2018.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Gaya in connection with Konch P.S. Case No. 251 of 2018, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) 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 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or the
Patna High Court Cr.Misc. No.78859 of 2018(4) dt.28-01-2019 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) Sanjay/- U T