Shiv Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27116 of 2017 Arising Out of PS.Case No. -11 Year- 2017 Thana -MUFFASIL District- AURANGABAD ======================================================

1. Shiv Yadav

2. Ravindra Yadav both S/o Late Shiv Nandan Yadav Both residents of village - Bahuara, Police Station - Aurangabad (Muffasil), District - Aurangabad.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Tej Narayan Singh For the Opposite Party/s : Smt Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-07-2017 The petitioners seek regular bail in connection with Aurangabad (Muffasil) P.S. Case No. 11 of 2017, registered for offences punishable under Section 302/120B of Indian Penal Code and Sections 25(1b)a, 26/27/35 of the Arms Act. Petitioners are named in the F.I.R and allegation is of causing death of the deceased.

It has been submitted on behalf of the petitioners that though petitioners are named in the F.I.R., however, no specific allegations have been attributed to them and save and except suspicion, there is nothing against them. Further the F.I.R itself shows that the deceased was threatened by other co-accused of this case. Petitioners have been in judicial custody since

Patna High Court Cr.Misc. No.27116 of 2017 (3) dt.18-07-2017 2/3 18.02.2017 and 01.03.2017 respectively and have no criminal antecedents.

Heard learned A.P.P. also.

Having heard both sides, in view of the facts as stated above, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad, in connection with Aurangabad (Muffasil) P.S. Case No. 11 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on their part to appear before the court below on two consecutive dates without showing any genuine reasons, the

Patna High Court Cr.Misc. No.27116 of 2017 (3) dt.18-07-2017 3/3 prosecution will be free to move for cancellation of their bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T