Yaddu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49988 of 2017 Arising Out of PS.Case No. -124 Year- 2015 Thana -KHAIRA District- JAMUI ====================================================== Yaddu Yadav S/o Late Rohan Yadav, R/o Village- Tetariya Tanr, P.S.- Khaira, District- Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar Sinha For the Opposite Party/s : Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-10-2017 Heard the learned counsel for the petitioner. The petitioner seeks regular bail in connection with Khaira P.S. Case No. 124 of 2015 for the offences punishable under Sections 302/34 of the Indian Penal Code. The case of the prosecution is that the son of the informant was going to his house by motorcycle and the informant was also traveling with him, then in the evening all of a sudden the accused persons came and stopped the motorcycle and started assaulting him with sword, bolder, lathi and Danda on his head resulting in death of the son of informant, whereafter, the accused persons fled away.

The learned counsel for the petitioner submits that the petitioner has a clean antecedent, there is general and omnibus allegation against all the accused persons and two of the accused persons have been granted bail by this Court by order dated

Patna High Court Cr.Misc. No.49988 of 2017 (2) dt.17-10-2017 2/2 01.05.2017 and 02.08.2017 passed in Cr. Misc. No.15591 of 2017 and Cr. Misc. No. 31586 of 2017 respectively. In that view of the matter, I find that the petitioner is also entitled to be released on regular bail especially on the ground of parity of the case of the petitioner with the other two accused persons, who have been granted bail.

Accordingly, the petitioner, above named, is directed to be enlarged on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge IInd, Jamui in connection with Khaira P.S. Case No. 124 of 2015 dated 26.05.2015 (S.T. No. 398 of 2017).

It is further directed that the petitioner shall remain present before the learned trial court on each and every date and on his failure to appear before the learned trial court on two consecutive dates, the privilege of regular bail granted to the petitioner would stand withdrawn, the bail bond of the petitioner would be cancelled and he would be taken into custody forthwith. (Mohit Kumar Shah, J) BTiwary/- U T