Shiv Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No 16762 of 2018 Arising Out of PS.Case No. -52 Year- 2010 Thana -GAYA GRP CASE District- GAYA ====================================================== Shiv Kumar Yadav, S/o Late Dudheshwar Yadav, resident of VillageKhaira, P.S.- Paraiya, District- Gaya. .... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== For the Petitioner/s : Ms Lilawati Singh, Advocate For the S t a t e : Mr Shyam Bihari Singh, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 26-04-2018 Heard learned counsel for the petitioner and the learned APP for the State.
Petitioner seeks bail in a case registered under Sections 147, 148, 149, 307, 427 of Indian Penal Code, Sections 150 and 151 of the Railway Act, Sections 3⁄4 of Explosive Substances Act, 1908 and Section 17 of Criminal Law (Amendment) Act.
It is submitted that petitioner's name has been implicated on the basis of statement of co-accused Badri Yadav who has been allowed bail by this Court in Cr Misc No 27951 of 2010. It is also submitted that the allegations are against unknown persons and that there is no material to connect the petitioner with the alleged occurrence. The other two cases, which have been
Patna High Court Cr.Misc. No.16762 of 2018 (3) dt.26-04-2018 2/2 mentioned by the petitioner in paragraph 3 of the petition to be pending against him, in one of the cases out of the two, he is on bail. The petitioner is in custody in connection with this case since 22.08.2017 and that he has not been put on test identification parade till date.
Considering the aforesaid submissions, the petitioner's prayer for bail is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Railway, Gaya in Gaya GRPS Case No 52 of 2010 subject to the following conditions:
(1) 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.
(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.
(Madhuresh Prasad, J) M.E.H./- U T