Prameshwar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81612 of 2019 Arising Out of PS. Case No.-71 Year-2014 Thana- HALSI District- Lakhisarai ====================================================== PRAMESHWAR YADAV S/O Late Rohan Yadav Resident of Village - Barui, P.S. Halsi (Ramgraha Chauk), District - Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mrityunjay Kumar, Advocate For the Opposite Party/s :

Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 20-03-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 147/148/149/120B/302/34 of the Indian Penal Code and Section 27 of the Arms Act. The informant is wife of the deceased. She has not named the petitioner as assailant of her husband; rather during investigation son of the informant stated to the police that petitioner was the assailant.

Submission is that if the son of the informant was aware of the actual occurrence there was no reason not to disclose the aforesaid fact in the FIR itself. The petitioner is in custody since 14.11.2018. Investigation of the case is already complete.

Patna High Court CR. MISC. No.81612 of 2019(6) dt.20-03-2020 2/2 Considering the aforesaid doubtful circumstance appearing in the prosecution case, for the purpose of consideration of bail as well as considering the fact that there is nothing to substantiate that the petitioner is going to tamper with the evidence or abscond the process of law, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Halsi P.S. Case No.71 of 2014, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T