Patna High CourtCR. MISC./41503/2016bail granted

Subhas Yadav v. The State Of Bihar

2016-10-03Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41503 of 2016 Arising Out of PS.Case No. -177 Year- 2015 Thana -BELDAUR District- KHAGARIA ====================================================== Subhas Yadav Son of Late Maheswar Yadav, Resident of village - Nonha, P.S. Mansi, Distt. Khagaria .... .... Petitioner

Versus

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

For the Petitioner : Mr. Chandra Mohan Jha, Adv. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 03-10-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 25.11.2015 in connection with Beldaur P.S. Case No. 177 of 2015, G.R. No. 1958 of 2015 for the offences alleged under Sections 364, 302, 201/34 of the Indian Penal Code and 27 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated and he is not named in the F.I.R. His name has surfaced much later at the instance of the brother-in-law of the deceased. It is submitted that the petitioner's case stands on far better footing than F.I.R. named co-accused Akhilesh Singh who has been granted anticipatory bail by this Court. The petitioner has either been acquitted or is on bail in most of the other cases in which he has been made accused.

Patna High Court Cr.Misc. No.41503 of 2016 (2) dt.03-10-2016 2/2

4. Having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of Shree Pankaj Chandra Verma, learned Judicial Magistrate Ist Class, Khagaria, in connection with Beldaur P.S. Case No. 177 of 2015, G.R. No. 1958 of 2015, with the following conditions:- (i) That one of the bailors will be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence.

(iii) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure to do so on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Md. Ibrarul/BT U T