Aklesh Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.24839 of 2018 (2) dt.03-05-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24839 of 2018 Arising Out of PS.Case No. -114 Year- 2017 Thana -PARAIYA District- GAYA ====================================================== Aklesh Yadav, Son of Ram Bilash Yadav, Resident of Village-Prabhua, P.S.-Paraiya, District-Gaya.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Sanjeev Kumar, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 03-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 16.03.2018 in connection with Paraiya P.S. Case No. 114 of 2017 for the offences alleged under Sections 302, 201/34 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and the informant is not an eye witness to the alleged occurrence. Co-accused Ranjan Yadav who is said to have had an altercation with the deceased has also been granted bail along with other co-accused Kishundeo Yadav, Jitendra Kumar @ Jitendra Yadav and Ravindra Yadav in Cr. Misc. No. 55628 of 2017, Cr. Misc. No. 10606 of 2018 and Cr. Misc. No. 16155 of 2018 respectively.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-

Patna High Court Cr.Misc. No.24839 of 2018 (2) dt.03-05-2018 (ten thousand) with two sureties of like amount each to the satisfaction of Smt. Shefali Narayan, learned Judicial Magistrate 1st Class, Gaya, in connection with Paraiya P.S. Case No. 114 of 2017, 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 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.

(iv) The petitioner shall cooperate 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.

(Vikash Jain, J) Md. Ibrarul/BT U T