Dara Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16530 of 2022 Arising Out of PS. Case No.-190 Year-2010 Thana- NAVINAGAR District- Aurangabad ====================================================== DARA YADAV SON OF ISHWARI YADAV R/O VILLAGE- BISHUNPUR, P.S.- DHIBARA, DISTRICT- AURANGABAD (BIHAR) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-07-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 147, 148, 149, 323, 307, 435, 427 of the Indian Penal Code and Section 17 of the C.L.A. Act.

Allegation as per the F.I.R is that a group of 60-70 extremists came and started assaulting the informant with regard to this seven Highwa trucks, one Miller, generator sets etc., were set on fire.

Patna High Court CR. MISC. No.16530 of 2022(2) dt.21-07-2022 2/3 Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the possession of the petitioner. The name of the petitioner is not named in the F.I.R and the name of the petitioner has come on the surface on the confessional statement of the co-accused persons. The petitioner is also accused in 16 other criminal cases which are of similar nature. Learned counsel further submitted that there is nothing against the petitioner except criminal antecedent. The other coaccused persons have already been granted bail by Co-ordinate Bench vide order dated 26.11.2018 and 07.03.2017 passed in Criminal Misc. No. 66773 of 2018 and Criminal Misc No. 4599 of 2017 respectively. The petitioner is in custody since 27.02.2018.

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

Considering the aforesaid facts and circumstances, the petitioner above-named, is directed to be enlarged on bail on his furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl, Sessions Judge-15, Aurangabad, Bihar, in connection with Navinagar P.S. Case No. 190 of 2010, with

Patna High Court CR. MISC. No.16530 of 2022(2) dt.21-07-2022 3/3 following conditions:-

1. One of the bailors must be a close relative of the petitioner.

2. If the petitioner is found involved in other criminal cases, his bail bond is liable to be cancelled.

3. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

4. The petitioner is directed to mark his attendance before the Officer-in-Charge of the concerned police station at 10:00 A.M. on every Monday of the week and in the event of his failure to do so on two consecutive occasions, the present privilege of bail will stand cancelled by the concerned court below.

The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T