Raju Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34800 of 2017 Arising Out of PS.Case No. -168 Year- 2013 Thana -SONO District- JAMUI ======================================================

1. Raju Yadav, Son of Bigo Yadav, Resident of Village Bishanpur, Police Station Charka Pather, District- Jamui.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Satya Prakash Parasar For the Opposite Party/s : Mr. Sri Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-08-2017 The petitioner seeks regular bail in connection with U.A.P. Case No. 22 of 2015, arising out of Sono (Charka Pathar) P.S. Case No. 168 of 2013 registered for offences punishable under Section 302/34 of the Indian Penal Code and Section 16, 17, 18, 19, 20, 21 and 22 of the U.A.P. Act.

Petitioner is named in the F.I.R and allegation against the petitioner that he along with other co-accused persons came to the house of the informant and shot dead his son It has been submitted on behalf of the petitioner that save and except suspicion there is nothing against the petitioner and though he has been named in the F.I.R. but F.I.R itself shows that informant claimed that he heard about the name of petitioner and as such he has made him accused. Further submission of learned

counsel for the petitioner is that now informant has been examined in this case and he has not named the petitioner. It has also been submitted that other co-accused persons of this case has already been granted bail by this Court vide orders dated 09.11.2015 and 10.05.2016 passed in Criminal Miscellaneous Nos. 42813 of 2015 and 49221 of 2015, respectively and petitioner has been in judicial custody for last two years Heard learned A.P.P. also.

Having heard both sides, in view of the facts and circumstances of the case and also other co-accused persons have already been granted bail and petitioner has remained in judicial custody for two years, as such, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Jamui, in connection with U.A.P. Case No. 22 of 2015, arising out of Sono (Charka Pathar) P.S. Case No. 168 of 2013,subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

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

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

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