Ajay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19949 of 2021 Arising Out of PS. Case No.-178 Year-2018 Thana- ROSHANGANJ District- Gaya ====================================================== Ajay Yadav, Son of Bechu Yadav, Resident of Village- Barheta, P.S. Bankey Bazar (RAUSHANGANJ), District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Md. Javed Jafar Khan, Adv.

For the Opposite Party/s :

Mr.Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 31-08-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual Court proceedings. Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within four weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Sections 341, 323, 427, 435, 385, 386, 120(B), 504, 506/34 of the Indian Penal Code and 27 of the Arms Act.

Prosecution case, in brief, is that two miscreants came on the motorcycle assaulted the informant and the Khalasi and one of them sprinkled petrol and set the J.C.B. on fire.

Patna High Court CR. MISC. No.19949 of 2021(2) dt.31-08-2021 2/3 Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner is not named in the FIR. On the confessional statement of co-accused, petitioner has been made accused in this case. The petitioner is languishing in judicial custody since 22.10.2020. The petitioner has got 02 criminal antecedents which is mentioned in para 3 of the bail petition. The similarly situated co-accused has been granted bail by a co-ordinate Bench of this Court, which is mentioned in Annexure-2 of the bail application.

Learned APP for the State vehemently opposed the prayer for bail application.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with Roshanganj P.S. Case No. 178/2018 to the satisfaction of learned Court below where the case is pending/ successor Court; subject to the condition that after releasing the petitioner has to appear before the police station of his local area for a period of six months so that the police may watch his conduct, otherwise, his bail bond shall be cancelled.

Patna High Court CR. MISC. No.19949 of 2021(2) dt.31-08-2021 3/3 Let a copy of this order be communicated to the S.S.P., Gaya for the needful.

(Anjani Kumar Sharan, J) amitkumar/- U T