Bipin Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10557 of 2018 Arising Out of PS.Case No. -778 Year- 2016 Thana -MADHEPURA District- MADHEPURA ====================================================== Bipin Yadav, son of Ram Kishun Yadav, resident of village- Rampur, P.S.- Pipra, District- Supaul.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun For the Opposite Party/s : Mr. Ashok Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 05-04-2018 Heard learned counsels for the petitioner and the State. The petitioner, already in custody since 03.01.2018, seeks bail in connection with Madhepura P.S.Case No. 778 of 2016 registered under Sections 302, 201/34 and 120B of the Indian penal Code and 27 of the Arms Act.

Allegation in brief is that all FIR named accused persons came to the house of the informant and taken away his brother to some other place but next day his dead body was found along with dead body of another person, Sanjeet.

Submission is that petitioner and others are said to have called the deceased and taken away him on the vehicle, except this last seen theory, there is no other evidence against the petitioner. It is further contended that deceased was a notorious criminal and there is no eye witness to the occurrence and other named accused persons Arjun Malakar and Amresh Yadav have been admitted to bail by the co-

Patna High Court Cr.Misc. No.10557 of 2018 (4) dt.05-04-2018 2/2 ordinate Benches of this Court by order dated 18.04.2017 passed in Cr. Misc. No. 18290 of 2017 and order dated 10.07.2017 passed in Cr. Misc. No. 26421 of 2017 though the petitioner has criminal antecedents of 13 cases but in three cases he has been acquitted and in rest other he is on bail.

Having considered the aforesaid facts and circumstances, the petitioner, namely, Bipin Yadav, is directed to be released on bail upon furnishing bail bond of Rs. 50,000/- with two sureties of the like amount each to the satisfaction of the learned CJM, Madhepura in connection with Madhepura P.S. Case No. 778 of 2016 with condition that one of the bailor must be his close family member. Petitioner shall remain physically present on each and every date during trial and in case of failure on two consecutive dates without any reasonable cause, his bail bond shall be liable to be cancelled. (Arun Kumar, J) Sujit/- U T