Patna High CourtCR. MISC./63674/2019bail granted

Krishna Mohan Yadav v. The State Of Bihar

2019-12-04Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63674 of 2019 Arising Out of PS. Case No.-129 Year-2019 Thana- DHANAHA District- West Champaran ====================================================== KRISHNA MOHAN YADAV Son of Suresh Yadav Resident of VillagePiparpati Ahir Toli, P.S.- Dhanaha, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prithvi Nath Mishra For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 04-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 31.07.2019 in connection with Dhanaha P.S.Case No 129 of 2019 for the alleged offences under Sections 354, 509 and 34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated in the backdrop of village politics as the parties are co-villagers. The prosecution story is highly improbable considering the delay in lodging of the FIR on 27.07.2019 for the alleged occurrence of 14.07.2019. Similarly situated coaccused Sikandar Yadav has been granted bail by this Court vide order dated 06.11.2019 passed in Cr. Misc. No.68761 of 2019. The petitioner claims clean antecedents.

4. Be that as it may, 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

Patna High Court CR. MISC. No.63674 of 2019(2) dt.04-12-2019 2/2 satisfaction of learned SDJM, Bagaha (West Champaran) in connection with Dhanaha P.S.Case No.129 of 2019 on the following conditions-- (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

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

(Vikash Jain, J) HR/- U T