Sonu Yadav @ Aditya Raj @ Aditya Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 16052 of 2021 Arising Out of PS. Case No.-367 Year-2020 Thana- RIGA District- Sitamarhi ====================================================== SONU YADAV @ ADITYA RAJ @ ADITYA YADAV SON OF LATE HARISHCHANDRA YADAV R/O VILLAGE- CHANDAN NAGAR, WARD NO.10, (OLD 12), BHAVDEPUR, P.S.- RIGA, DISTRICTSITAMARHI. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr N K Agrawal, Sr Advocate with Mr Ashok Kumar Jha, Advocate For the Opposite Party/s :

Ms Meena Singh, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 04-03-2021 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Riga Police Station (for brevity, PS) Case No 367 of 2020 instituted for the offence punishable under Sections 341, 323, 307, 337, 427, 454, 504/34 of Indian Penal Code and Section 27 of Arms Act. There is allegation that one Om Prakash Yadav has fired on the informant which has crossed after touching upon his head leading to his injury and his becoming unconscious. The other accused persons, including the petitioner, have allegedly assaulted and misbehaved with the family members including female family members.

Patna High Court CR. MISC. No.16052 of 2021(2) dt.04-03-2021 2/3 Learned senior counsel for the petitioner submits that in fact, there is case and counter case and firing was being resorted from both sides. Petitioner's name has been mentioned in this case as he happens to be the informant in Riga PS Case No 366 of 2020. As a counterblast, the instant prosecution has been launched. Petitioner has one criminal antecedent instituted by the same informant in which he is on bail. In this case, he is in custody since 09.12.2020. Specific gunshot injury has been attributed to co-accused Om Prakash Yadav.

Learned APP has opposed the prayer for bail.

Considering the rival submissions, prayer for bail is allowed. Let the petitioner, above named, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate VI, Sitamarhi in Riga PS Case No 367 of 2020 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor 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

Patna High Court CR. MISC. No.16052 of 2021(2) dt.04-03-2021 3/3 each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant proceedings today for depositing requisite Court fee and removing the defect (s), as pointed out, when called upon to do so.

(Madhuresh Prasad, J) M.E.H./- U T