Babajee Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72751 of 2018 Arising Out of PS. Case No.-372 Year-2017 Thana- ALOULI District- Khagaria ====================================================== Babajee Yadav, Son of Late Ramdeo Yadav, Resident of Village- Gadhbanni, P.S.- Alauli, District- Khagaria.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Ranjeet Kumar Singh For the Opposite Party/s :

Mr. Sri Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 12-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Alauli P.S. Case No. 372 of 2017 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 504 of the Indian Penal Code and Section 27 of the Arms Act.

Informant has alleged in his written complaint that on instigation of Ram Shobha Yadav petitioner caught the son of Informant and thereafter allegation is against Shruti Lal Yadav and Ramanand Yadav of causing firearm injury on his son. It has been submitted on behalf of the petitioner that there is no specific allegation of any overt act against the petitioner except that he had caught hold of the son of the Informant. Petitioner has got no criminal antecedent and is in custody since 13.08.2018.

Patna High Court Cr.Misc. No.72751 of 2018(2) dt.12-12-2018 2/2 Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate-Khagaria, in connection with Alauli P.S. Case No. 372 of 2017, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) ranjan/- U