Munna Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2997 of 2020 Arising Out of PS. Case No.-446 Year-2018 Thana- BIKRAMGANJ District- Rohtas ====================================================== Munna Yadav Son of Late Uma Yadav Resident of Mohalla - Dibara, Bikramganj, P.S.- Bikramganj, Distt - Rohtas at Sasaram. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar Singh, Advocate For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-02-2020 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner apprehends his arrest in Bikramganj P.S. Case No. 446 of 2018, registered for the offence punishable under Sections 452, 341, 323, 385, 504, 506 and 34 of the Indian Penal Code.

It is alleged that on 09.10.2018, while the informant was at his home, all the accused persons including this petitioner came at his darwaja and started abusing. When the informant opened his door, co-accused Bittu Yadav put Katta on his chest. Thereafter, all the accused persons started assaulting the informant by legs and fists. On alarm, his wife and nearby people arrived there. Chandan Yadav demanded Rangdari of Rs. 1,00,000/-. This petitioner is alleged to have

Patna High Court CR. MISC. No.2997 of 2020(2) dt.28-02-2020 2/3 opened fire on his shop.

It is submitted that petitioner has falsely been implicated in this case due to village politics. There is general and omnibus allegation. All the sections are bailable except 452 of the IPC which is not applicable. 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, Bikramganj (Rohtas) in connection with Bikramganj P.S. Case No. 446 of 2018, 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

Patna High Court CR. MISC. No.2997 of 2020(2) dt.28-02-2020 3/3 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 liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T