Santosh Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47371 of 2018 Arising Out of PS.Case No. -306 Year- 2017 Thana -NATHNAGAR District- BHAGALPUR ======================================================
1. Santosh Yadav
2. Raju Kumar both s/o Late Bideshi Yadav Resident of Village - Sahebganj, Nilkothi, P.S. Lalmatiya (Nathnagar), District Bhagalpur. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashutosh Kumar For the Opposite Party/s : Mr. Sri Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-09-2018 Heard the parties.
The petitioners seek regular bail in connection with Nathnagar (Lalmatiya ) P.S.Case No.306 of 2017 registered for offences punishable under Sections 302, 306 and 34 of the Indian Penal Code and Section 27 of the Arms Act.
Allegation against the petitioners and the co-accused Dharmendra Kumar Yadav is of causing injury to the deceased and against these petitioners, there is allegation that they caught hold the deceased.
Submission of the learned counsel for the petitioners is that except that they have caught hold the deceased, there is no other allegation and they are in custody since 19.7.2017. Heard learned A.P.P. also.
Patna High Court Cr.Misc. No.47371 of 2018 (3) dt.20-09-2018 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.S.J.-V, Bhagalpur in connection with S.t.No.973 of 2017 arising out of Nathnagar (Lalmatiya) P.S.Case no.306 of 2017.
With following conditions :
(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioners will not induce any witness or tamper with the evidence.
(iii) The petitioners shall co-operate in the disposal of trial and make themselves available as and when required by the court and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bond.
With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T