Naresh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11181 of 2022 Arising Out of PS. Case No.-27 Year-2016 Thana- Khaira District- Jamui ====================================================== Naresh Yadav S/O Dharam Yadav R/o village- Vishanpur, P.S.- Sono (Charka Pathar), District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Prasad, Adv.

For the Opposite Party/s :

Mr.Veena Rani Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 08-08-2022 Let the defect, if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Khaira P.S. Case No. 27 of 2016 lodged under Sections 147, 148, 149, 427, 435, 120(B), 121 of Indian Penal Code read with Sections 10, 13 & 16 UAP Act.

Learned counsel for the petitioner submits that petitioner is innocent, he has not named in the present F.I.R. He further submits that petitioner is made accused on the instance of the police in total seven cases, in all the 7 cases he is on bail. So far as the present case is concerned, his name has figured in this case by confessional statement of the co-accused. Though

Patna High Court CR. MISC. No.11181 of 2022(3) dt.08-08-2022 2/3 nothing incriminating was recovered from his possession nor T.I.P. has taken place in this case. He further submits that petitioner was remanded in the present case on 06.12.2021. On the point of his criminal antecedent learned counsel for the petitioner submits that he is ready to fulfill all the conditions whatsoever laid down by the Court.

Learned counsel for the State opposes the prayer for bail but simultaneously, he submits that in this case, there is no material against him.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Jamui in connection with Khaira P.S. Case No. 27 of 2016, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall resulted into cancellation of his bail bond.

Patna High Court CR. MISC. No.11181 of 2022(3) dt.08-08-2022 3/3 B. One of the bailor shall be close relative who shall file affidavit before the court about his relation with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ritik/-sadique U T