Rupchand Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76102 of 2019 Arising Out of PS. Case No.-357 Year-2017 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== RUPCHAND YADAV, aged about 58 years, (Male), Son of Late Chhitan Yadav Resident of Village - Gangia, P.S.- Gangaur, District- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nakul Kumar Jamuar, Adv.

For the Opposite Party/s :

Mr.Manoj Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 26-11-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail registered for the offences punishable under Sections 385, 307, 302, 34 of the Indian Penal Code and Section 27 of the Arms Act. Informant has alleged in his fardbeyan that on 12.11.2017 at about 4:30 P.M., while he was cultivating his field with other family members, FIR named accused came and demanded ransom of Rs. 50,000/- and on refusal it is alleged that at the instigation of Mantu Yadav, Bina Yadav fired upon brother of the informant as a result of which he sustained injury

Patna High Court CR. MISC. No.76102 of 2019(2) dt.26-11-2019 2/3 and died subsequently during treatment.

It has been submitted on behalf of the petitioner that allegations are false and concocted. There is allegation against the petitioner of firing but same did not hit any one. It is further submitted that Mantun Yadav has been granted bail by co-ordinate bench of this court passed Cr. Misc. No. 64233 of 2019 by order dated 20.11.2019 and accused Manohar Yadav has been granted anticipatory bail as contained in Annexure-2. Petitioner is in custody since 29.08.2019.

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/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-V Begusarai, in connection with Sahebpur Kamal P.S. Case No. 357 of 2017, subject to 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 represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will

Patna High Court CR. MISC. No.76102 of 2019(2) dt.26-11-2019 3/3 be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Rajiv/- U T