Bipin Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16375 of 2019 Arising Out of PS. Case No.-496 Year-2018 Thana- RAJAON District- Banka * ====================================================== BIPIN YADAV Son of Brahmdeo Yadav Resident of Village - Ghutia, P.S.- Rajoun, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Pandey For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 27-03-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody in connection with Rajoun P.S. Case No. 496 of 2018 for offences punishable under Section 307 and other allied Sections of the Indian Penal Code and Sections 3⁄4 of the Explosive Substance Act.

The prosecution case, as lodged by the informant, is that while he was sitting on the door 9 persons named in the FIR and 10 unknown persons came and on the order of co-accused Shramdeo Yadav, co-accused Chandan Yadav, Kundan Yadav and Raj Kishore hurled bombs on the informant. Resultantly he sustained serious injury.

It has been submitted by the learned counsel for the

Patna High Court CR. MISC. No.16375 of 2019(2) dt.27-03-2019 2/3 petitioner that he is innocent, bears no criminal history, not named in the First Information Report and has been falsely implicated in the aforesaid case. He submits that the specific allegation is upon Shramdeo Yadav, Kundan Yadav, Chandan Yadav and Raj Kishore and not on the petitioner and he undertakes to cooperate in the investigation/ trial and also not to induce the witnesses or tamper with the prosecution evidence. However, learned APP for the State opposes the prayer for bail.

Considering the nature of allegations and the materials on record, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka, in connection with Rajoun P.S. Case No. 496 of 2018, subject to the following conditions :

1.

One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

2.

If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to

Patna High Court CR. MISC. No.16375 of 2019(2) dt.27-03-2019 3/3 move the learned court below for cancellation of his bail bonds.

(Nilu Agrawal, J) Rajesh/- U T