The Patna High Court ordered the release of the petitioner Kumodi Yadav on bail in a murder case after considering his custody duration and the fact that co-accused were granted bail. Conditions included ensuring a blood relative as surety.
Petitioner released on bail subject to furnishing a bond of Rs. 10,000 with two sureties of like amount.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.70950 of 2018
Arising Out of PS. Case No.-134 Year-2016 Thana- GOPALPUR District- Bhagalpur
======================================================
Kumodi Yadav Son of Late Rajendra Yadav, Resident of Village- Bhawanipur, P.S.- Gopalpur Rangra O.P., District- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Dinesh Choudhary, Advocate For the Opposite Party/s : Mr. Umesh Lal Verma, APP ======================================================
CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER
6 14-02-2019 Heard learned counsel for the petitioner and learned
counsel for the State.
The petitioner is in custody since 20.03.2018 in
connection with Gopalpur P.S. Case No. 134 of 2016 corresponding to G.R. No. 664-C/2016 for the offence registered under Sections 302, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.
Learned counsel for the petitioner submits that the petitioner is not named in the first information report but subsequently on the confessional statement of the co-accused, who have been inimical terms with the petitioner on account of political reasons the petitioner has been implicated in connection with the present case. It is further submitted that the named accused persons, namely Lootan Sah & Mukul
Patna High Court Cr.Misc. No.70950 of 2018(6) dt.14-02-2019 2/3
Choudhary, who were in fact having rivalry with the deceased, have since been extended the privilege of bail in Cr. Misc. No. 11353 of 2017 vide order dated 20.03.2017 and Cr. Misc. No. 50132 of 2016 vide order dated 25.01.2017. Learned counsel for the petitioner thus, submits that the petitioner may also be extended the privilege of bail.
Considering the aforesaid facts and circumstances of the case and the period of custody, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M. -II, Nawgachia in connection with Gopalpur P.S. Case No. 134 of 2016, subject to the following conditions:-
Patna High Court Cr.Misc. No.70950 of 2018(6) dt.14-02-2019 3/3
investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
(Anjana Mishra, J)
Jagdish/-
U T
2 issues framed by the court
Whether the petitioner should be released on bail in the proceedings for murder and other offences.
Whether the petitioner's exclusion from the first information report but subsequent implication warrants bail.
Kumodi Yadav
The State of Bihar
Anjana Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
