Bihad Yadav @ Rajesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33686 of 2018 Arising Out of PS. Case No.-1 Year-2013 Thana- GOH District- Aurangabad ====================================================== Bihad Yadav @ Rajesh Yadav, Son of Tilakdhari Yadav, Resident of VillageNevadhi, P.S.- Konch, District- Gaya. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Lilawati Singh For the Opposite Party/s :

Mr. Sri Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 25-06-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner, already in custody, seeks bail in connection with Goh P.S. Case No.01 of 2013 registered under Sections 147, 148, 149, 323 and 387 of the Indian Penal Code as well as under Section 17 of the CLA Act.

Some miscreants reached the working site of the bridge and on account of not fulfilling the demand of levy, they assaulted the informant and others by fists and slaps. Learned counsel for the petitioner submits that the FIR is against unknown, petitioner's name transpired in the confessional statement of one Kail Prajapati, except that there is no other material against him, the petitioner was not even put on TIP, Kail Prajapati was admitted to bail by a co-ordinate Bench

Patna High Court Cr.Misc. No.33686 of 2018(2) dt.25-06-2018 2/2 of this Court vide order dated 05.01.2016 passed in Cr. Misc. No.45435 of 2015 and the petitioner is in custody since 29.01.2018.

Having considered the aforesaid facts and circumstances, petitioner Bihad Yadav @ Rajesh Yadav is directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Daudnagar, Aurangabad in connection with Goh PS Case No.01 of 2013 with following conditions:

(1) One of the bailors must be the close family member of the petitioner.

(2) The petitioner shall remain physically present on each and every date before the trial court and if he absents himself on two consecutive dates without any reasonable cause, his bail bond shall liable to be cancelled.

(Arun Kumar, J) S.KUMAR/- U T