Amiri Lal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.80037 of 2018 Arising Out of PS. Case No.-332 Year-2018 Thana- BAHERA District- Darbhanga ====================================================== Amiri Lal Yadav S/o Late Gyani Yadav R/v-Malaul, P.S-Bahera,Distt.- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Girish Chandra Jha For the Opposite Party/s :

Mr.Sri Vinod Shankar Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-02-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Bahera P.S. Case No. 332 of 2018 registered for the offence punishable under Sections 341, 323, 337, 324, 307/34 of the Indian Penal Code. Informant in his written complaint has alleged that on instigation of petitioner, Ganpat Yadav fired upon the Informant as a result of which he sustained fire arm injury in his abdomen. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case due to land dispute. There is no allegation of any specific overt act committed by the petitioner. Petitioner has got no criminal antecedent and is in custody since 07.11.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon

Patna High Court Cr.Misc. No.80037 of 2018(3) dt.20-02-2019 2/2 furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Benipur, Darbhanga, in connection with Bahera P.S. Case No. 332 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/her absence on two consecutive dates without sufficient reason, his/her 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) ranjan/- U