Bachchan Yadav @ Bechan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46114 of 2018 Arising Out of PS.Case No. -231 Year- 2018 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ======================================================

1. Bachchan Yadav @ Bechan Yadav S/o Nazzo Yadav @ Rajendra Yadav, R/o Vill.- Chaudhrydih, P.S.- Lodipur, Distt.- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Swapnil Kumar Singh, Adv. For the Opposite Party/s : Mr. Umesh Lal Verma, Adv. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 18-08-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody since 10.04.2018 in connection with Kotwali (Barari) P.S. Case No. 231 of 2018 for the offence registered under Section 302/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that though the petitioner is named in the first information report, there is general and omnibus allegation against all the petitioners, who have fired on the deceased from close range behind the ears. It is further submitted that similarly situated co-accused persons, namely, Fantush Yadav vide order dated 06.08.2018 passed in Cr.

Patna High Court Cr.Misc. No.46114 of 2018 (2) dt.18-08-2018 2/3 Misc. No. 42065 of 2018 and Arvind Yadav @ Arbind Yadav vide order dated 10.08.2018 passed in Cr. Misc. No. 45845 of 2018 have been extended the privilege of bail by this Court. Considering the aforesaid 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 the like amount each to the satisfaction of Chief Judicial Magistrate, Bhagalpur, in connection with Kotwali (Barari) P.S. Case No. 231 of 2018, subject to the following conditions :-

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

(3) The petitioner shall remain physically present in Court on each and every date during trial and in the event of his failure on two consecutive dates without sufficient reasons his bail bonds shall be liable to be cancelled by the learned Court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and

Patna High Court Cr.Misc. No.46114 of 2018 (2) dt.18-08-2018 3/3 in case of failure, the State shall be at liberty to move for cancellation of bail.

(Anjana Mishra, J) Jagdish/- U T