Anil Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57942 of 2018 ======================================================

1. Anil Yadav son of Bodu Yadav resident of Village- Jalgorwa, P.S. Gidhaur, District Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kartik Kumar Sinha For the Opposite Party/s : Mr. Md. Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-09-2018 The petitioner seeks regular bail in connection with Jhajha P.S. Case No. 33 of 2017, registered for offences punishable under Sections 302, 201 and 34 of the Indian Penal Code.

Prosecution case is that cousin of the informant was called by co-accused Sanjit Burnwal, thereafter, he did not return and his dead body was found.

It has been submitted on behalf of the petitioner that he has been made accused on the basis of suspicion and on the basis of confession of co-accused. Moreover, the said co-accused on whose confession, the name of petitioner has surfaced, has already been enlarged on bail by a coordinate Bench of this Court vide order dated 21.07.2017 passed in Cr. Misc. No. 27583 of 2017 and another co-accused has also been enlarged on bail by the order

Patna High Court Cr.Misc. No.57942 of 2018 (2) dt.28-09-2018 2/3 passed by this Court vide order dated 21.07.2017 in Cr. Misc. No. 30954 of 2017 and petitioner has been in judicial custody since 25.05.2018.

Heard learned A.P.P. also.

Considering the aforementioned facts and circumstances, the period of custody and also that the petitioner has no criminal antecedent, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000, (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui, in connection with Jhajha P.S. Case No. 33 of 2017, with following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates

Patna High Court Cr.Misc. No.57942 of 2018 (2) dt.28-09-2018 3/3 without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T