Rajeev Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78329 of 2018 Arising Out of PS. Case No.-99 Year-2017 Thana- TEGHRHA District- Begusarai ====================================================== Rajeev Yadav Son of Late Naresh Yadav, resident of Village- Baghmara Barauni, P.S.- Teghra, District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nakul Kumar Jamuar, Adv.

For the Opposite Party/s :

Mr.Sri Pradeep Narain Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 24-01-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Teghra P.S. Case No. 99 of 2017 registered for the offences punishable under Sections 341, 307, 34 of the Indian Penal Code and Section 27 of Arms Act. Informant has alleged in his fardbeyan that horse of Rama Nand Yadav was grazing in his field and he caught hold on it and kept in his possession and thereafter Rajeev Yadav (petitioner) and Rama Nand Yadav and two unknown persons came there and asked to release his horse however, same was denied by informant as the matter was subject to panchayati. Further allegation is that petitioner pointed out pistol and fired upon his son and Rama Nand Yadav open fired

Patna High Court Cr.Misc. No.78329 of 2018(2) dt.24-01-2019 2/2 thrice, however, no injury was caused to anyone. It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case and no such occurrence as alleged had even taken place. Petitioner is in custody since 14.07.2017. Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Begusarai, in connection with Teghra P.S. Case No. 99 of 2017, subject to 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 Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) Rajiv/- U T