Bhushan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1065 of 2019 Arising Out of PS. Case No.-1083 Year-2018 Thana- SAHARSA District- Saharsa ====================================================== Bhushan Yadav, aged about 35 years, Male, son of Krishna Kanhaiya Yadav @ Krishna Yadav Resident of Village - Sonbarsa, P.S.-Chautham, DistrictKhagaria. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Mishra For the Opposite Party/s :
Mr. Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 21-01-2019 Heard learned counsel for the parties.
Petitioner seeks bail in Saharsa Sadar P.S. Case No. 1083/2018 registered for the offence punishable under Sections 353, 307, 333, 334. 337/34 of the Indian Penal Code and Section 25(1-B)a, 26, 27 and 35 of the Arms Act. Informant is a Police Officer who has stated that on receiving secret information he constituted a team and they proceeded towards the school and they found two persons fleeing away on motorcycle and when being challenged, the pillion rider started firing upon the police and in retaliation, the police also fired from which the pillion rider got injured and fell from the motorcycle and was apprehended. However, the rider of the motorcycle manged to flee away and his name was
Patna High Court Cr.Misc. No.1065 of 2019(2) dt.21-01-2019 2/3 disclosed by the injured pillion rider, Pappu Yadav. It has been submitted on behalf of the petitioner that he has been falsely implicated in this case and there is no allegation against him of firing and he has not been apprehend from the place of occurrence. He is accused in one case of Arms Act and apart from that, he has no criminal antecedent. Petitioner is in custody since 05.10.2018. Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Saharsa Sadar P.S. Case No. 1083/2018 , with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) 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 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the
Patna High Court Cr.Misc. No.1065 of 2019(2) dt.21-01-2019 3/3 evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) Sanjay/- U T