Sujit Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22054 of 2018 Arising Out of PS.Case No. -85 Year- 2017 Thana -BIND District- NALANDA (BIHARSHARIFF) ====================================================== Sujit Yadav, Son of Krishnavallav Yadav, Resident of Village- Madanchak, P.S. Bind, District- Nalanda.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Rajiv Ranjan For the Opposite Party/s : Mr. Sri Zainul Abedin ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 10-05-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody since 06.10.2017 in connection with Bind P.S. Case No. 85 of 2017 for the offence registered under Sections 320/120B of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner is not named in the first information report. The petitioner's name has surfaced in connection with the present case on the basis of the confessional statement made before the police by Vijendra Yadav, which has no evidentiary value. It is further submitted that the said Vijendra Yadav has been granted bail vide order dated 27.02.2018 passed in Cr. Misc. NO. 7743 of 2018. It is further submitted that the antecedents which has been brought to

the fore in paragraph-3 of the present bail application are between the same parties on account of the land dispute. The petitioner was having nothing to do with the Revenue Officer, who is purported to have been shot dead.

Considering the aforesaid facts and circumstances of the case and that the similarly situated co-accused persons have been granted bail, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional District and Session Judge IIIrd, Nalanda, Biharsharif in connection with Bind P.S. Case No. 85 of 2017, subject to the following conditions :-

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in Court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons his bail

bonds shall be liable to be cancelled by the learned Court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Anjana Mishra, J) Jagdish/- U