Bir Bahadur Yadav @ Lal Bahadur Yadav vs The State Of Bihar on 26 June, 2019

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Patna High Court - Orders

Bir Bahadur Yadav @ Lal Bahadur Yadav vs The State Of Bihar on 26 June, 2019

Bench: Anjani Kumar Sharan

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18811 of 2019
                     Arising Out of PS. Case No.-320 Year-2014 Thana- ARA NAGAR District- Bhojpur
                 ======================================================
                 BIR BAHADUR YADAV @ LAL BAHADUR YADAV Son of Bhog Raj
                 Yadav Resident of Village/ Mohalla- Rauza, P.S.- Ara Town, District-Bhojpur
                 Present address- Kaushik Dularpur, p.s.- Ara (muffasil) district- Bhojpur

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Kalyan Shankar
                 For the Opposite Party/s :       Mr.Binod Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN
                                       ORAL ORDER

4   26-06-2019

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 302, 328, 201/34 of the Indian Penal Code.

Prosecution case as lodged by the informant is that his wife and two sons had gone to their maternal home on the occasion of Rakhi on 08.08.2014 and on 21.08.2014 the informant received information that his wife along with his children have consumed poison and the body of his wife and children were found in the waterpool on Gayanpur road Chakiya.

It has been submitted on behalf of the petitioner that Patna High Court CR. MISC. No.18811 of 2019(4) dt.26-06-2019 2/3 he is innocent and has been falsely implicated in the aforesaid. case. He submits that there is no evidence against the petitioner, charge-sheet has been submitted under Section 306 of the I.P.C. and he is languishing in judicial custody since 29.10.2018.

In the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Ara Nagar Police Station Case No. 320 of 2014, subject to the conditions:

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

(II) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

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

(IV) The petitioner shall co-operate with the investigation, if not already concluded and make himself Patna High Court CR. MISC. No.18811 of 2019(4) dt.26-06-2019 3/3 available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(Anjani Kumar Sharan, J) devendra/-

U      T

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Patna High Court - Orders