This oral order granted bail to the petitioner, who was in custody since July 2022, in a murder case where some co-accused were previously acquitted. The court imposed a financial bond and directed the lower court to verify antecedents.
Petitioner released on bail of Rs. 10,000 with two sureties of like amount each, subject to standard 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.12226 of 2023
Arising Out of PS. Case No.-137 Year-2006 Thana- DINARA District- Rohtas
======================================================
Uma Shankar Yadav S/o Late Bihari Singh R/o village- Deyadaha, P.S.Dinara, Distt- Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Shankar Kumar, Advocate For the Opposite Party/s : Mr. Pranav Kumar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER
5 01-09-2023
Heard learned counsel for the petitioner and learned APP for the State.
unknown.
Patna High Court CR. MISC. No.12226 of 2023(5) dt.01-09-2023 2/3
paragraph nos. 51, 52 and 53 of the supplementary case diary. He further submits that other co-accused persons namely Vijay Shankar Noniya and Nand Kishor Yadav have been acquitted by the learned trial Court in Sessions Trial No. 512 of 2007 by the court of learned Adhoc/F.T.C.-I, Sasaram vide judgment/order dated 20.05.2014 and the petitioner is in custody since 10.07.2022.
(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court
Patna High Court CR. MISC. No.12226 of 2023(5) dt.01-09-2023 3/3
and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.
(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
2 issues framed by the court
Whether the petitioner is eligible for bail in a murder case where co-accused were acquitted.
Whether the petitioner's alleged role and antecedents justify granting bail.
1 provisions across 1 enactments
Uma Shankar Yadav
State of Bihar
Rajesh Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
