Ram Pravesh Chaudhary @ Ram Pravesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3497 of 2020 Arising Out of PS. Case No.-26 Year-2017 Thana- BARAULI District- Gopalganj ====================================================== Ram Pravesh Chaudhary @ Ram Pravesh Yadav Son of Late Raja Chaudhary Resident of Village - Alapur, P.S.- Barauli, District - Gopalganj ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Satyendra Rai For the Opposite Party/s :

Mr.Nand Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-02-2020 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner apprehends his arrest in Barauli P.S. Case No. 26 of 2017, registered for the offence punishable under Sections 147, 149, 436, 427, 504 and 506 of the Indian Penal Code.

It is alleged that co-accused Sunil Yadav set on fire the Palani of the informant.

It is submitted that petitioner has falsely been implicated in this case due to land dispute. There is case and counter case. There is no specific allegation against this petitioner. During investigation, the police has found that burnt Palani was not a dwelling house and no burnt articles were

Patna High Court CR. MISC. No.3497 of 2020(2) dt.29-02-2020 2/3 found except the Palani and submitted charge-sheet under Section 435 of the Indian Penal Code. Petitioner has got clean antecedent.

Considering the facts aforesaid, the petitioner above-named in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate XIV, Gopalganj in connection with Barauli P.S. Case No. 26 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure with further conditions:- (i) The 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at

Patna High Court CR. MISC. No.3497 of 2020(2) dt.29-02-2020 3/3 liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T