Sakal Deep Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20850 of 2021 Arising Out of PS. Case No.-557 Year-2020 Thana- MASAUDHI District- Patna ====================================================== Sakal Deep Yadav S/O Late Deo Lal Prasad @ Deo Lal Yadav @ Devlal Yadav R/O Village-Mataudha, P.S.-Masaurhi, District-Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jitendra Kumar Singh, Adv For the Opposite Party/s :

Mr.Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 23-08-2021 Let the defect (s) be removed within four weeks after start of the physical Court.

Heard the parties in virtual Court.

Petitioner seeks bail in a case registered for the offences punishable under Sections 147, 148, 149, 323, 307, 302, 354, 379, 448, 452 IPC and 27 of Arms Act. 15 persons named in the FIR allegedly committed assault.

Submission is that the Doctor has found only three injuries on the person of the deceased. In the circumstance, chances of over implication cannot be ruled out. Learned counsel for the informant opposed the prayer for bail on the merit of the case as well as on the

Patna High Court CR. MISC. No.20850 of 2021(2) dt.23-08-2021 2/3 ground that the petitioner has stated on oath that he has got no criminal antecedent whereas the petitioner is accused in other case which would be evident from the case diary. Learned counsel for the petitioner contends that supplementary affidavit has been filed that in the earlier case the trial has resulted in acquittal. Hence, that cannot be treated as criminal antecedent of the petitioner.

Considering the facts aforesaid especially general and omnibus nature of allegation, completion of investigation and no material to substantiate that the petitioner is going to tamper with the evidence, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Masaurhi Police Station Case No.557 of 2020 with following conditions:

(a) Both the bailors shall be resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without

Patna High Court CR. MISC. No.20850 of 2021(2) dt.23-08-2021 3/3 permission of the trial Court.

(Birendra Kumar, J) Nitesh/- U T