Badal Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4575 of 2022 Arising Out of PS. Case No.-56 Year-2019 Thana- MUNGER MUFFASIL District- Munger ====================================================== Badal Yadav Son of Late Jadunandan Yadav Resident of Sandalpur (Mangra Pokhar), Police station - Muffasil, District - Munger. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Ranjan, Adv.
For the Opposite Party/s :
Mr.Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-02-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. The petitioner seeks bail in a case registered for the offence punishable under Sections 341, 323, 307, 504, 506 and 34 of the Indian Penal Code and Section 27 of the Arms Act. Earlier prayer for bail of the petitioner was rejected vide order dated 13.11.2020 with liberty to renew his prayer for bail, if the trial is not concluded within six months. Petitioner is said to have fired on the cousin brother of the informant as a result of which he received injury. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that similarly situated co-accused has been granted bail by coordinate Bench of this Court in Cr. Misc. No. 27481 of 2020 on 21.10.2020 and Cr. Misc. No. 27761 of 2020
Patna High Court CR. MISC. No.4575 of 2022(2) dt.02-02-2022 2/3 on 23.02.2021. He submits that there is specific allegation against co-accused Sagar Yadav who has already been granted bail. He further submits that petitioner has seven criminal antecedent as stated in para-3 of this application and he is languishing in judicial custody since 05.11.2019. Considering the period custody, the above named petitioner, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Sessions Trial No. 232 of 2021 arising out of Muffasil P.S. Case No. 56 of 2019, subject to the conditions:
(1) that one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to who he is related with the petitioner. He will also undertake to inform the court if there is any change in the address of the petitioner.
(II) that the petitioner will be well represented on each and every date fixed in the case and if he fails to do so on two consecutive dates his bail bonds shall be liable to be cancelled. (III) that the appellant will mark his attendance in the local police station in the first week of every month till
Patna High Court CR. MISC. No.4575 of 2022(2) dt.02-02-2022 3/3 conclusion of trial, failing which the prosecution will be at liberty to move cancellation of his bail bond. (IV) that the bailor shall also stated on affidavit that he will inform the Court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the Court below will be at liberty to initiate proceeding for cancellation of bail on the ground of misuse. (Anjani Kumar Sharan, J) devendra/- U T