Om Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76201 of 2019 Arising Out of PS. Case No.-199 Year-2018 Thana- GWALPARA District- Madhepura ====================================================== OM YADAV Son of- Late Barchhan Yadav Resident of Village- Chatra, P.S.- Gwalpara (Arar O.P.), District- Madhepura.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Chandra Mohan Jha For the Opposite Party/s :
Mr.Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 11-12-2019 Heard learned Counsel for the petitioner and the learned APP for the State.
Petitioner is in custody in Gwalpara (Arar O.P.) PS Case No. 199 of 2018, S.Tr. No. 191 of 2019 registered under Sections 302, 34 of the IPC and Section 27 of the Arms Act. Petitioner is in custody since 4.4.2019 in connection with the instant case.
It is submitted by petitioner's counsel that even as per evidence collected during course of investigation which has been discussed in detail in the order of rejection by the Additional Sessions Judge it is evident that at best the allegation was that in the scuffle petitioner has caught hold of husband of the informant. Specific overt act is attributed to petitioner's brother Shiv Shankar and his wife. Prior to the instant case petitioner has no criminal antecedent.
Considering the aforesaid submissions as also the facts and circumstances of the case, prayer for bail of the
Patna High Court CR. MISC. No.76201 of 2019(3) dt.11-12-2019 2/2 petitioner is allowed.
Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge cum FTC I Madhepura in Gwalpara (Arar O.P.) PS Case No. 199 of 2018, S.Tr. No. 191 of 2019 subject to the following conditions:- (I) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner. (ii) That the petitioner will be well represented on each date in the trial and if he fails to do so on two consecutive dates, his bail will be liable to the cancelled. (Madhuresh Prasad, J) SNkumar/- U T