Putul Yadav @ Ratnesh Bharti v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24531 of 2021 Arising Out of PS. Case No.-39 Year-2020 Thana- GOPALPUR District- Bhagalpur ====================================================== PUTUL YADAV @ RATNESH BHARTI SON OF RAMDEO YADAV @ RAMDEO PD. YADAV R/O VILLAGE- BHAWANIPUR, P.S.- GOPALPUR, DISTRICT- BHAGALPUR.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sharda Nand Mishra, Adv.

For the Opposite Party/s :

Mr. Pushpa Sinha.1, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 17-11-2021 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Gopalpur (Rangra O.P.) P.S. Case No. 39 of 2020 registered for the offence under Sections 341, 323, 307, 427, 504, 506 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

Petitioner is said to have fired upon the informant with intention to kill him.

Learned counsel appearing for the petitioner submits that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, there is land dispute between the parties for which they are having

Patna High Court CR. MISC. No.24531 of 2021(2) dt.17-11-2021 2/3 inimical terms. Moreover, this case is nothing but a counter blast of Gopalpur (Rangra) P.S. Case No. 38 of 2019 in which the informant and his son have been made accused. As a matter of fact, although there is allegation of firing against the petitioner upon the informant but nobody has sustained injuries. The petitioner is rotting in judicial custody since 09.02.2021.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the, above named, petitioner be released on bail on furnishing bail bond of Rs. 25,000/- (twenty fiv thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-III, Naugachia in connection with Gopalpur (Rangra O.P.) P.S. Case No. 39 of 2020, subject to the following conditions:-

(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/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

Patna High Court CR. MISC. No.24531 of 2021(2) dt.17-11-2021 3/3

(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.

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