Pankaj Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.46482 of 2017 (2) dt.20-09-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46482 of 2017 Arising Out of PS.Case No. -30 Year- 2017 Thana -SANOKHAR District- BHAGALPUR ====================================================== Pankaj Yadav son of Shri Bhusi Yadav @ Bhsuhan Yadav, Resident of village Milki, P.S. Sanhoula, District Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Syed Masleh-Uddin Ashraf For the Opposite Party/s : Mr. Sri Mustaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-09-2017 Heard the parties.

The petitioner seeks regular bail in connection with Sanokhar P.S.Case No.30 of 2017 registered for offences punishable under Sections 302 and 120(B)/34 of the Indian Penal Code.

This is a case under Section 302 of the Indian Penal Code. Submission of the learned counsel for the petitioner is that only on the basis of suspicion, he has been made accused in this case and though it is alleged that earlier he had threatened to the deceased but nothing incriminating has come against the petitioner either of last seen or any recovery and he is in custody for about four months.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and

Patna High Court Cr.Misc. No.46482 of 2017 (2) dt.20-09-2017 circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Bhagalpur in connection with Sanokhar P.S.Case No.30 of 2017 .

With 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 co-operate 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 bond.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T