Jitendra Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65786 of 2018 Arising Out of PS. Case No.-357 Year-2017 Thana- BARHARIA District- Siwan ====================================================== Jitendra Kumar Yadav Son of Hanumant Yadav Resident of VillageGopalpur, Police Station-Siwan Muffasil,Distt.-Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raghav Prasad For the Opposite Party/s :

Mr. Sri Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 19-11-2018 Heard learned counsel for the parties.

The petitioner seeks bail in Barharia P.S. Case No. 357 of 2017 registered for the offence punishable under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

Allegation against the petitioner is of committing murder of the brother of the Informant though he is not named in the FIR. FIR is against unknown.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. It has been further submitted that the name of the petitioner has transpired in this case in the subsequent statement of the Informant. Similarly, situated co-accused persons have been granted bail by co-ordinate benches of this Court vide orders

Patna High Court Cr.Misc. No.65786 of 2018(2) dt.19-11-2018 2/2 dated 19.02.2018 in Criminal Miscellaneous No. 7994 of 2018 and 04.04.2018 in Criminal Miscellaneous No. 10316 of 2018. Petitioner has got no criminal antecedent and is in custody since 01.06.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan, in connection with Barharia P.S. Case No. 357 of 2017, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) ranjan/- U