This criminal miscellaneous petition was filed seeking bail in a case involving kidnapping and murder. The court allowed bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to standard conditions of cooperation and non-tampering.
Petitioner released on bail with Rs. 10,000 bond and two sureties under specific conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1007 of 2019
Arising Out of PS. Case No.-225 Year-2014 Thana- BELHAR District- Banka
======================================================
Arbind Yadav @ Raju @ Raja Da S/o Late Damodar Yadav R/v-Yogiya Telha,P.S-Jhajha, Dist.-Jamui.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Rajesh Kumar Sinha For the Opposite Party/s : Mr. S. Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER
5 20-02-2019 Heard learned counsel for the parties.
Petitioner seeks bail in Belhar P.S. Case No. 225/2014 registered for the offence punishable under Sections 364, 302/34 of the Indian Penal Code and Section 27 of the Arms Act.
Informant has alleged that on 25.12.2014 at 5 p.m., his brother was kidnapped by all F.I.R. named accused persons from Bela Bridge and later on his dead body was found near Pairgaha Chowk. He has raised suspicion against petitioner to be involved in his killing.
It has been submitted on behalf of the petitioner that
Patna High Court Cr.Misc. No.1007 of 2019(5) dt.20-02-2019 2/3
informant is not an eye witness and because of pending land dispute, between both parties he has been falsely implicated in this case. Similarly, situated co-accused person has been granted bail by this Court as contained in Annexure 2. Petitioner has been remanded in this case on 05.06.2018.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M., Banka in connection with Belhar P.S. Case No. 225/2014 , with following conditions:-
(1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the
Patna High Court Cr.Misc. No.1007 of 2019(5) dt.20-02-2019 3/3
evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J)
Sanjay/- U T
1 issue framed by the court
Whether the petitioner should be released on bail in a case involving kidnapping and murder charges?
4 provisions across 2 enactments
Arbind Yadav @ Raju @ Raja Da S/o Late Damodar Yadav
The State Of Bihar
S. Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
