Amar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50544 of 2017 Arising Out of PS.Case No. -103 Year- 2015 Thana -ALOULI District- KHAGARIA ====================================================== Amar Yadav, son of Hari Narayan Yadav, resident of Village- Larahi, P.S.- Allouli, District- Khagaria.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Shekhar Kumar Singh For the Opposite Party/s : Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-11-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Allouli P.S. Case No. 103 of 2015, registered for the offences punishable under Sections 302, 120B/34 of the Indian Penal Code and 27 of the Arms Act.

Allegation against the petitioner and five other accused persons is of firing on the deceased causing his death. Submission of learned counsel for the petitioner is that though there is allegation of firing against accused persons, including the petitioner but only one fire arm injury was found on the person of deceased and in this case till date five witnesses have been examined and they have not made any specific allegation of firing against the petitioner, rather there is general and omnibus

Patna High Court Cr.Misc. No.50544 of 2017 (2) dt.10-11-2017 2/3 allegation and petitioner is in custody for more than one year and other co-accused persons have been granted bail by different coordinate Bench of this Court vide orders contained in Annexure-2 series.

Heard learned APP and learned counsel for the informant. They have opposed the prayer for bail on the ground that petitioner is main accused.

Having heard both sides and in view of facts and circumstances, as stated above, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Additional District and Sessions Judge, Fast Track Court-I, Khagaria, in connection with Allouli P.S.Case No. 103 of 2015, corresponding to S.C.No. 170 of 2015, subject to the conditions as follows :

(1) One of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of the court concerned, (2) Petitioner will co-operate in trial and appear on each and every date in court and on failure to appear on two consecutive

Patna High Court Cr.Misc. No.50544 of 2017 (2) dt.10-11-2017 3/3 dates without any genuine ground or without permission of court, his bail bond shall be cancelled.

Learned trial court is directed to expedite the trial and try to conclude it within a reasonable period. (Vinod Kumar Sinha, J) spal/- U