Prakash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 17388 of 2018 Arising Out of PS.Case No. -23 Year- 2017 Thana -KAJRAULICHAK District- BHAGALPUR ====================================================== Prakash Yadav, S/o late Muni Lal Yadav, Resident of Village Gaurachaki, P.S.- Kajraili, District- Bhagalpur.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr Pramod Kumar Singh, Advocate For the S t a t e : Smt Reena Sinha, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 03-05-2018 Heard learned counsel for the petitioner and the APP for the State.

Petitioner seeks bail in a case registered under Sections 147, 148, 448, 341, 323, 149, 324, 325, 307, 302, 429 of Indian Penal Code.

It is submitted by the learned counsel for the petitioner that since the village custom is not for marrying two persons belonging to the village, the villagers, after trying to resolve the issue regarding the deceased marrying a girl from the same village, had ransacked the house of the informant. Petitioner is alleged to be one of the members of the unlawful assembly comprising at least 21 persons. The deceased is said to have died due to firearm injuries. The allegation of firing is not attributed to

Patna High Court Cr.Misc. No.17388 of 2018 (3) dt.03-05-2018 2/2 the petitioner. He is having no criminal antecedent and is in custody since 07.06.2017.

Considering the submissions aforesaid, 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 XIV, Bhagalpur in Kajraili Police Station Case No 23 of 2017 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