Oral order granting bail to a petitioner charged with murder and conspiracy in connection with a firing incident. The court released him upon furnishing a bond with sureties and agreed conditions regarding conduct and cooperation.
Petitioner released on bail upon furnishing bond of Rs.10,000 with two sureties.
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.80682 of 2018
Arising Out of PS. Case No.-284 Year-2017 Thana- NAUGACHIA District- Bhagalpur
======================================================
Sonelal @ Sona Yadav S/o Rajendra @ Yogendra Yadav @ Yopgendra Yadav, Residnet of Village- Nayatola Nagrah, P.S.- Naugachia, District- Bhagalpur.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ashok Kumar Yadav For the Opposite Party/s : Mr.Sri Rajendra Prasad Nat ======================================================
CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER
3 27-02-2019 Heard learned counsel for the petitioner and learned
counsel for the State.
Petitioner, who is in custody, seeks bail in connection with Naugachia P.S. Case No. 284 of 2017 registered for the offence punishable under Sections 302, 120B of the Indian Penal Code and 27 of Arms Act.
Allegation against petitioner and other co-accused is that the they in conspiracy with Nilam Devi fired upon husband of the informant, as a result of which husband of the informant died.
It has been submitted on behalf of the petitioner that petitioner is innocent and has been falsely implicated in this case due to village dirty politics. Informant was not present at the time of alleged occurrence. There is no eye witness of the
Patna High Court CR. MISC. No.80682 of 2018(3) dt.27-02-2019 2/3
occurrence. It has been further submitted that co-accused, namely Nilam Devi has been granted bail by this Hon’ble Court vide order dated 30.05.2018 passed in Cr. Misc. No. 22347 of 2018. Petitioner has no criminal antecedent and he is in custody since 26.07.2018.
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/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-IInd, Naugachia, District- Bhagalpur, in connection with Naugachia P.S. Case No. 284 of 2017 subject to the conditions that:-
(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 his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.
Patna High Court CR. MISC. No.80682 of 2018(3) dt.27-02-2019 3/3
(3) If the petitioner tampers with the 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)
veena/-
U T
2 issues framed by the court
Whether the petitioner should be released on bail after being in custody since 2018.
Whether the conditions of bail bond should be framed and granted.
2 provisions across 2 enactments
Sonelal @ Sona Yadav
The State Of Bihar
S. Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
