Sharwan @ Sharwan Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14353 of 2021 Arising Out of PS. Case No.-244 Year-2020 Thana- RAMKRISHNANAGAR District- Patna ====================================================== SHARWAN @ SHARWAN KUMAR YADAV Son of Shiv Lal Yadav Resident of Village - Chaman Chak, P.S. - Gopalpur (O.P. - Sampatchak), District - Patna.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Binay Kumar Singh, Advocate For the Opposite Party/s :
Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-01-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding. The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State through virtual mode.
Learned Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. The petitioner is apprehending his arrest in connection with R.K. Nagar P.S. case No.244/2020 registered under Sections 363, 365 of the Indian Penal Code.
Prosecution case, in short, is that on 16.08.2020 at 12
Patna High Court CR. MISC. No.14353 of 2021(2) dt.25-01-2022 2/3 noon the husband of the informant came to house for meal and after taking meal at 2 p.m. he proceeded from the house along with the petitioner and co-accused Ganeshi, but he has not returned. The informant suspected the involvement of the petitioner and co-accused Ganeshi in the alleged occurrence. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The name of the petitioner has transpired in this case merely on the basis of suspicion. Except for suspicion, there is no other substantive evidence to suggest the implication of the petitioner in the present case.
On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R. It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail application has taken note of the exponential rise in number of covid cases due to outbreak of third wave of Covid-19 pandemic. Further this Court can also not lose sight of the fact that the condition of jails is not conducive and suitable to the present situation which has arisen due to the sudden rise in
Patna High Court CR. MISC. No.14353 of 2021(2) dt.25-01-2022 3/3 covid cases.
Considering the facts and circumstances, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of Sri Sukul Ram, learned Sub Judge XIIIcum-A.C.J.M., Patna in connection with R.K. Nagar P.S. case No.224/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.
(Sudhir Singh, J) Narendra/- U T