Bhuali Yadav @ Bhola Kumar Yadav @ Bhuli Yadav @ Bhola Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.43292 of 2018 (3) dt.25-09-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43292 of 2018 Arising Out of PS.Case No. -394 Year- 2017 Thana -ARA NAGAR District- BHOJPUR ====================================================== BHUALI YADAV @ BHOLA KUMAR YADAV @ BHULI YADAV @ BHOLA KUMAR S/o Late Heera Yadav, R/o Vill.- Ratu Bigha, P.O. & P.S.- Dalmianagar, District- Rohtas (Bihar).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhaneshwar Prasad Gupta, Adv. For the Opposite Party/s : Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 25-09-2018 Heard learned counsel for petitioner and learned A.P.P. for the State.

The petitioner seeks bail in Ara Nagar P.S. Case No. 394/2017 corresponding to Sessions Trial No. 380/2017, registered for the offences punishable under Section 302 and 34 of the Indian Penal Code.

Allegation against petitioner and three others is committing murder of son of informant by assaulting him. The cause of death is assault on chest of the deceased. Assault is by fist and slaps and no weapon was used.

It has been submitted that there is no specific allegation against petitioner and allegation against all the four named accused are omnibus and general.

Petitioner is in custody since 18.08.2017.

Patna High Court Cr.Misc. No.43292 of 2018 (3) dt.25-09-2018 Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of District & Sessions Judge, Bhojpur at Ara in connection with Ara Nagar P.S. Case No. 394/2017 corresponding to Sessions Trial No. 380/2017, subject to the 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 present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bonds.

(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) Vinita/- U T