Allowed

Sugrib Yadav v. The State Of Bihar

Patna HC24 Nov 2017CR. MISC./34442/2017

Case brief

AI extract

What is this about?

In a bail application filed under Criminal Miscellaneous No.34442 of 2017 arising from a case under Sections 364 and 34 IPC, the Patna High Court enlarged the petitioner on bail upon furnishing a bond with sureties, subject to standard conditions.

What did the court decide?

Petitioner enlarged on bail on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each.

Sugrib Yadav Vs The State Of Bihar — Bail and Remand | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.34442 of 2017

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Arising Out of PS.Case No. -25 Year- 2007 Thana -BARARI District- KATIHAR

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======================================================

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Sugrib Yadav, Son of Jagat Yadav, Resident of Village- Athaniya Diyara, P.S. Pirpaiti, District- Bhagalpur.

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.... .... Petitioner/s

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Versus 1. The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Md. Musowir For the Opposite Party/s : Mr. Sri Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER

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4 24-11-2017 Heard learned counsel for the petitioner and learned

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A.P.P. for the State.

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Petitioner is languishing in judicial custody since 18.04.2017 in connection with Barari P.S. Case No. 25 of 2007 for the offences punishable under Section 364/34 of the Indian Penal Code.

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The prosecution case, as lodged by the informant, is that while he was irrigating his maize field and his elder brother Abhay Lal Das was returning after grazing his cattle, the petitioner alongwith three others kidnapped the informant’s brother. He raised hulla but there was no one there. It is alleged that cause of dispute is that his Gotiya Balkishun Yadav was murdered by one

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Patna High Court Cr.Misc. No.34442 of 2017 (4) dt.24-11-2017

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2/3

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Ganeshi Mahto a day back.

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It has been submitted by the learned counsel for the petitioner that he is innocent and has falsely been implicated in the aforesaid case out of rivalry and being an inimical terms. He submits that there is contradiction in the First Information Report in the prosecution story and the statement of the witness who is wife of the victim and that chargesheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner.

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However learned APP for the State opposes the prayer for bail stating therein that the petitioner does not have a clean antecedent and is involved in one more case of serious nature. He submits that the wife of the victim has witnessed the occurrence and alleged that the petitioner was having gun in his hand.

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Considering the facts and circumstances and the materials on record let the petitioner, above named be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Katihar in connection with Barari P.S. Case No. 25 of 2007 subject to the condition that both bailors would be a close relative of the petitioner having sufficient immovable property

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Patna High Court Cr.Misc. No.34442 of 2017 (4) dt.24-11-2017

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3/3

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who will file an affidavit stating his relationship with the petitioner and the petitioner will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds. It is also made clear that if the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bonds.

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(Nilu Agrawal, J)

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siddharth/-

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U T

Sugrib Yadav v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Sugrib Yadav v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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