Sunarman Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7881 of 2023 Arising Out of PS. Case No.-90 Year-2021 Thana- PALANWA District- East Champaran ====================================================== SUNARMAN YADAV SON OF JOKHAN YADAV R/O VILLAGEPARSAUNA, P.S.- PALANWA, DISTRICT- EAST CHAMPARAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sunil Kumar No.III, Advocate For the Opposite Party/s :
Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-04-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Palanwa P.S. Case No. 90 of 2021 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 354 and 302 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner is in custody since 04.11.2022 and has antecedent of one case.
Learned counsel for the petitioner submits that prior to institution of the present F.I.R, the petitioner was a person with clean antecedent, but after institution of the
Patna High Court CR. MISC. No.7881 of 2023(2) dt.29-04-2023 2/3 instant F.I.R., the petitioner was implicated in Mahila P.S. Case No. 37 of 2021 by mother of the present informant. It is next submitted that the informant alleges that his father was killed on account of assault made by named accused persons including the petitioner. It is next submitted that informant is not an eye witness to the occurrence nor there is any specific allegation against the petitioner. It is next submitted that it absolutely does not stand to reason that it is alleged that his mother and uncle had gone to the place of occurrence, but then they have not instituted the F.I.R. It is also submitted that charges have been framed and the trial will commence.
Learned A.P.P. for the State opposes the prayer for bail of the petitioner.
Considering the submissions made by the learned counsel for the petitioner, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten 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 Palanwa P.S. Case No. 90 of 2021.
Patna High Court CR. MISC. No.7881 of 2023(2) dt.29-04-2023 3/3 Accordingly, the present bail application stands allowed.
Further, in the event, if the learned Trial Court comes to a conclusion that the petitioner after his release is trying to delay the trial in any manner, the learned Trial Court shall forthwith cancel his bail bonds after recording reasons.
(Satyavrat Verma, J) Rishabh/- U T