Paltu Yadav @ Neeraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6300 of 2020 Arising Out of PS. Case No.-807 Year-2019 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Paltu Yadav @ Neeraj Kumar Son of Wakil Yadav Resident of Mohalla - Surkhikal Adarsh Colony, P.S.- Barari, Distt - Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar Sinha For the Opposite Party/s :

Mr.Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 05-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 147, 148, 149, 447, 307, 387 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act, registered in connection with Kotwali (Tilkamanjhi) P.S. Case No. 807 of 2019.

3. It is submitted that the petitioner has been falsely implicated on the accusation that the accused persons including the petitioners resorted to indiscriminate firing and demanded rangdari of Rs. 1,00,000/-. It is submitted that the FIR has been lodged in the backdrop of dispute between the petitioner and Vicky Singh, brother of the informant and in the past the

Patna High Court CR. MISC. No.6300 of 2020(3) dt.05-03-2020 2/3 petitioner has been made accused in two other cases instituted at the instance of the informant's side. In any event, no fire-arm injury has been caused to anyone and as such, the accusation against the petitioner is not corroborated.

4. Be that as it may, in the event of petitioner's arrest or surrender before court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Kotwali (Tilkamanjhi) P.S. Case No. 807 of 2019, subject to the conditions as laid down under Section 438(2) Cr. P.C. and also subject to the following further conditions:

(i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioners shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

Patna High Court CR. MISC. No.6300 of 2020(3) dt.05-03-2020 3/3 (iv) The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) HR/- U T