Bachhu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1989 of 2019 Arising Out of PS. Case No.-75 Year-2018 Thana- KAKO District- Jehanabad ====================================================== Bachhu Yadav aged about 65 Years(Male) son of late Ram Charitra Yadav, r/o village Basantpur Harahar, P.S. kako (Bhelawar) District Jehanabad. ... ... Petitioner/s

Versus

The State Of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Arvind Prasad Singh For the Respondent/s :

Mr.Sri Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 15-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Kako (Bhelawar) P.S. Case No. 75 of 2018 registered for the offence punishable under Sections 302 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

Informant in his written complaint has alleged that while he was milking his cow on 22.03.2018 at about 6:00 am, son of petitioner Jailor Yadav came there and started abusing him and thereafter he went to his house and came out with pistol and petitioner also came and ordered to kill the Informant upon which his son Jailor Yadav fired which did not hit the Informant but hit Puja Kumari daughter of Informant who subsequently

Patna High Court Cr.Misc. No.1989 of 2019(2) dt.15-01-2019 2/3 died.

It has been submitted on behalf of the petitioner that there is no allegation of any overt act against the petitioner and allegation is only of being order giver. Petitioner has got no criminal antecedent and is in custody since 06.09.2018. 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 Sub Judge-IV, Jehanabad in connection with Kako (Bhelawar) P.S. Case No. 75 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 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation

Patna High Court Cr.Misc. No.1989 of 2019(2) dt.15-01-2019 3/3 of bail of the petitioner.

(S. Kumar, J) ranjan/- U