Rajnish Kumar @ Dablu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7315 of 2024 Arising Out of PS. Case No.-720 Year-2023 Thana- ARA NAWADA District- Bhojpur ====================================================== Rajnish Kumar @ Dablu Yadav Son Of Late Ugan Yadav Resident Of Village- Chandwa, Ps- Ara Nawada, Dist- Bhojpur ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Surekha Kumari, Adv.
For the Opposite Party/s :
Mr.Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 17-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Ara Nawada P.S. Case No. 720 of 2023 lodged under Sections 341, 323, 307, 427, 447, 504, 506 and 149 of the I.P.C.
3. As per the prosecution case, the F.I.R. has been lodged against ten named accused persons including the petitioner. The accused persons reached at the house of the informant and entered into the house with lathi- danda and indiscriminate attack was made with lathi due to which bleeding of the informant and his brother took place and injury was also made to the wife of the informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits
2/4 that petitioner and informant both are agnates and close relatives. He further submits that the cause of dispute is the land dispute as alleged in the F.I.R..
5. Counsel further submits that petitioner is in custody since 18.11.2023 and there are seven criminal cases pending against him in which he is on bail in all the cases.
6. Counsel further submits that antecedent of the informant is much higher than the petitioner as there are 11 criminal cases pending against the informant which is disclosed in paragraph-9 of the bail petition.
7. Learned counsel for the State opposes the prayer for bail.
8. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bhojpur at Ara in connection with Ara Nawada P.S. Case No. 720 of 2023, subject to the following conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:- (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his
3/4 bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds.
9. However, the petitioner shall be granted bail only on being satisfied by the Trial Court that the petitioner is not absconding in any of the cases pending against him whose details are as follows:- i. Ara Nawada P.S. Case No. 445 of 2015.
ii. Ara Nawada P.S. Case No. 283 of 2015.
iii. Ara Nawada P.S. Case No. 307 of 2015 iv. Ara Nawada P.S. Case no. 1059 of 2022.
4/4 v. Ara Nawada P.S. Case No. 242 of 2016.
vi. Ara Nawada P.S. Case No. 187 of 2020.
vii. Udwantnagar P.S. Case No. 21 of 2004.
(Dr. Anshuman, J.) Prakashmani/- U T