Ravindra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1648 of 2020 Arising Out of PS. Case No.-164 Year-2019 Thana- KHIJARSARAI District- Gaya ====================================================== Ravindra Yadav Son of Late Ganauri Yadav Resident of Village-Kohabara, P.S-Khizarsarai, District-Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Sharma For the Opposite Party/s :

Mr.Bharat Lal Mr. Dharmesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-09-2020 Heard learned counsel for the petitioner, learned A.P.P. for the State as well as learned counsel for the informant through video conferencing.

The petitioner seeks bail in Khizarsarai P.S. Case No. 164 of 2019 (GR No. 3039/19), registered for the offence under Sections 302/120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.

It is submitted on behalf of petitioner that petitioner is innocent and has falsely been implicated in this case due to land dispute in between the parties. It is further submitted that as per FIR itself, there is no overt act against the petitioner and petitioner was not seen at the spot by the informant. Only allegation against petitioner in the FIR is that he is also said to be conspirator. The petitioner is in custody since 11-07-2019. However, counsel for the State as well as informant have vehemently opposed the bail application. It was submitted

Patna High Court CR. MISC. No.1648 of 2020(5) dt.21-09-2020 2/2 by counsel for the informant that in this case, chargesheet has already been submitted and trial is going on. Considering the nature of allegation, clean antecedent and period of custody, the bail application of petitioner is allowed.

Let the above-named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate - IV,Gaya, in connection with Khizarsarai P.S. Case No. 164 of 2019 (GR No. 3039/2019) on the following conditions:

"(1) Petitioner shall cooperate 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 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 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.".

(Prabhat Kumar Singh, J) anay/- U T