Mukesh Yadav vs State Of Bihar on 15 June, 2010

                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Cr.Misc. No.20181 of 2010
                   MUKESH YADAV SON OF SRI BALO YADAV, RESIDENT
                   OF VILLAGE KOYALA, P.S. PASRAHA, DISTRICT
                   KHAGARIA.--- PETITIONER.
                                             Versus
                    STATE OF BIHAR--- OPP. PARTY.
                                           -----------

For the petitioner : Mr. Rajeev Kumar Verma, Sr. Adv. With
Meeta Sinha, Adv.

For the State: Mr. R.P.Singh.

For the Informant: Mr. Ramesh Kumar Singh, Adv.

—

2/ 15.06.2010 Heard the parties, including learned counsel

appearing on behalf of the informant/ complainant.

In a criminal prosecution for offence under

sections 323, 386, 387, 420 , 448 and 504/34 of the

Indian Penal Code as also under section 27 of the Arms Act

the petitioner and his other family members have been

arrayed in the category of the accused . From perusal of

the F.I.R., vide Annexure-1, it appears that both sides are

claiming their right, title and possession over the lands in

question.

It is submitted by learned counsel for the

petitioner that it appears to be a case of civil dispute.

Learned counsels for the State and the

informant have strongly opposed the prayer for bail.

Petitioner is stated to be in judicial custody since

06.04.2010.

In the aforesaid facts and circumstances let the

above named petitioner be enlarged on bail on furnishing
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bail bonds of Rs. 10,000/- with two sureties of the like

amount each to the satisfaction of Chief Judicial

Magistrate, Khagaria in connection with Pasraha P.S.Case

No. 08 of 2010, subject to the conditions :

(A) one of the bailors must be government

servant or close family members of the

petitioner, who will file an affidavit in the

court below showing his/her relationship

with the petitioner and

(B) if the petitioner is found involved in same

and similar nature of cases in future, then

in that case the informant/ prosecution

shall be at liberty to file a petition for

cancellation of the bail of the petitioner,

and if such a petition is filed, the court

below would be obliged to dispose of the

same in accordance with law after giving

opportunity of hearing to all concerned

( Birendra Prasad Verma, J )

BTiwary/