Patna High CourtCR. MISC./12065/2018bail granted

Prakash Yadav @ Pakki Yadav @ Pakko Yadav v. The State Of Bihar

2018-03-08Mr. Justice Vikash Jain2 pages

Patna High Court Cr.Misc. No.12065 of 2018 (2) dt.08-03-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12065 of 2018 Arising Out of PS.Case No. -23 Year- 2017 Thana -KAJRAILI District- BHAGALPUR ====================================================== Prakash Yadav @ Pakki Yadav @ Pakko Yadav S/o Bhoju Yadav @ Biro Prasad Yadav, R/o Village- Gaurachowki, P.S.- Kajraili, DistrictBhagalpur. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Pawan Kumar, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 08-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 04.07.2017 in connection with Kajraili P.S. Case No. 23 of 2017 for the offences alleged under Sections 147, 148, 448, 341, 323, 149, 324, 325, 307, 302, 427 of the Indian Penal Code and Section 27 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated and in any event the petitioner is not said to be among the persons who committed assault. Several similarly situated coaccused persons have been granted bail by this Court. The petitioner claims clean antecedents.

4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Shree Bhanjan Kumar Mishra, learned Additional Chief Judicial Magistrate-XIV, Bhagalpur, in connection with Kajraili P.S. Case No. 23 of 2017, on the following conditions:-

Patna High Court Cr.Misc. No.12065 of 2018 (2) dt.08-03-2018 (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Vikash Jain, J) Md. Ibrarul/BT U T