Harendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11274 of 2022 Arising Out of PS. Case No.-136 Year-2021 Thana- GURUA District- Gaya ====================================================== Harendra Yadav Son Of Rajesh Yadav R/O Village- Kathawara Bhuraha Gali, P.S.- Gurua, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar Singh, Advocate For the Opposite Party/s :

Mr. Binod Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 28-07-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Let the defects, as pointed out by the office, be removed within a period of four weeks from today. Petitioner seeks bail in a case registered for the offences punishable under Sections 387 and 307 of the Indian Penal Code and Section 27 of Arms Act.

According to prosecution case, on 17.06.2021 the informant submitted a written report before the S.H.O., Gurua P.S. stating therein that on 28.05.2021, he received a call from mobile No. 7762965865 on his mobile phone in which the caller demanded Rs. 5 lacs and threatened to kill him on non-payment of money. When the informant not paid money, then unknown persons tried to set fire in his Pick up van. On 15.06.2021, the informant again received phone call from the aforesaid mobile number in which the caller threatened to set fire in his both Pick

Patna High Court CR. MISC. No.11274 of 2022(3) dt.28-07-2022 2/3 up van. On 16.06.2021 in the night, unknown accused persons opened three shot fire on shutter of his shop. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case on the basis of suspicion. He further submits that in fact petitioner is not named in the F.I.R. and the name of the petitioner has been transpired during investigation. He further submits that no case is made out against the petitioner under Section 307 I.P.C. and no arms has been recovered from the conscious possession of the petitioner. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 10.08.2021. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner on the ground that petitioner carries three criminal antecedents other than the present one.

Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 the learned Court below where the case is pending in connection with Gurua P.S. Case No. 136 of 2021, subject to the following conditions:-

Patna High Court CR. MISC. No.11274 of 2022(3) dt.28-07-2022 3/3

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) mdrashid/- U T