Saheb @ Om Prakash Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14908 of 2020 Arising Out of PS. Case No.-1114 Year-2019 Thana- SASARAM NAGAR District- Rohtas ====================================================== SAHEB @ OM PRAKASH YADAV Son of Kailash Yadav Resident of Village - Trilokpur, P.S. - Karghar, District - Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Tiwari For the Opposite Party/s :
Mr.Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-06-2020 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.
Heard learned counsel for the petitioner and learned A.P.P for the State.
The petitioner seeks bail in Sasaram (Town) P.S. Case No. 1114 of 2019, registered for the offence punishable under Section 399 and 402 of the Indian Penal Code and sections 25(1-b)A, 26 and 35 of the Arms Act. As per prosecution case, on 24.12.2019, while the informant along with others, was on night patrolling duty at about 1.30 'o' clock when they reached near Geetaghat colony, they saw four boys were standing in suspicious stage near white colour vehicle parked on road near Geetaghat colony and seeing
Patna High Court CR. MISC. No.14908 of 2020(3) dt.03-06-2020 2/3 the police officials they tried to flee away, out of whom, three persons apprehended and one person managed to flee away with vehicle. The apprehended accused persons disclosed their names as Saheb @ Om Prakash Yadav (petitioner) and Arjun Tiwari. It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case. No incriminating article has been recovered from possession of this petitioner except one mobile with one SIM. Petitioner is in custody since 25.12.2019.
Considering the facts aforesaid, the petitioner abovenamed, is directed to 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 the learned Chief Judicial Magistrate, Rohtas at Sasaram in connection with Sasaram (Town) P.S. Case No. 1114 of 2019, subject to following conditions:- (i) The 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.
Patna High Court CR. MISC. No.14908 of 2020(3) dt.03-06-2020 3/3 (ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T