Santosh Yadav @ Santosh Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14967 of 2020 Arising Out of PS. Case No.-206 Year-2010 Thana- NARPATGANJ District- Araria ====================================================== 1.
Santosh Yadav @ Santosh Kumar Yadav, male, aged about 30 years, Son of Keshri Yadav, Resident of Village - Khaira Koshkapur, P.S.- Narpatganj, District- Araria.
2.
Chandradeep Yadav, male, aged about 39 years, Son of Parmeshwari Yadav, Resident of Village - Gorraha, P.S.- Narpatganj, District- Araria. 3.
Siya Ram Yadav, male, aged about 38 years, Son of Parmeshwari Yadav Resident of Village - Gorraha, P.S.- Narpatganj, District- Araria. 4.
Nunu Lal Yadav @ Bechan Yadav, male, aged about 49 years, Son of Parmeshwari Yadav Resident of Village - Gorraha, P.S.- Narpatganj, District- Araria.
5.
Agin Yadav @ Anil Yadav, male, aged about 44 years, Son of Satya Narain Yadav, Resident of Village - Tamganj, P.S.- Narpatganj, District- Araria. 6.
Balram Yadav, male, aged about 32 years, Son of Domi Yadav, Resident of Village - Tamganj, P.S.- Narpatganj, District- Araria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Prasad Singh, Adv.
For the Opposite Party/s :
Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 07-12-2021 Heard the counsel for the parties.
The petitioners seek bail in anticipation of their
Patna High Court CR. MISC. No.14967 of 2020(3) dt.07-12-2021 2/3 arrest in connection with Narpatganj P.S. Case No. 206 of 2010, dated 10.09.2010, instituted for the offences under Sections 147, 148, 149, 448, 341, 323, 326, 307 and 524 of the Indian Penal Code.
The accusation against the petitioners was not found to be trustworthy and, therefore, final report false was submitted in their favour. Later, differing with the police report, cognizance has been taken against them. The petitioners had no idea about the later development in this case and, therefore, they could not surrender to the process of law.
From the order impugned, it appears that the petitioners were evading their appearance in the case since 2012.
This Court, after noticing the entire set of facts, had passed an order on 22.10.2021, giving provisional bail to the petitioners, but asking for a report from the Court of learned Judicial Magistrate-Ist Class, Araria regarding the stage of the case.
The report has since been received.
Patna High Court CR. MISC. No.14967 of 2020(3) dt.07-12-2021 3/3 The case is pending appearance of the accused persons.
Considering this, the provisional bail granted to the petitioners is, hereby, confirmed.
The petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of three weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist Class, Araria in connection with Narpatganj P.S. Case No. 206 of 2010, subject to the conditions laid down under Section 438(2) of the Cr.P.C., along with an undertaking that they shall participate in the trial diligently. Any avoidance in appearing before the Court below would render the bail granted to them liable to be cancelled. The application stands allowed.
(Ashutosh Kumar, J) Praveen-II/- U T