Chandan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22261 of 2021 Arising Out of PS. Case No.-226 Year-2018 Thana- KAUWAKOL District- Nawada ====================================================== CHANDAN YADAV, Son of Late Bhagirath Yadav, Resident of Village - Benipur, Police Station - Rupow, District - Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Man Mohan Kumar, Advocate For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 28-10-2021 Heard the parties.

Let the defect(s), if any, be removed within four weeks after complete start of the physical Court. Petitioner seeks bail in a case registered for the offences punishable under Sections 147, 148, 149, 302 of the Indian Penal Code and Section 27 of the Arms Act. Submission is that there is general and omnibus allegation of commission of assault to the deceased. Co-accused Kailu Yadav @ Prabhat Kumar @ Prahalad Kumar Yadav @ Prahalad Yadav, carrying allegation of similar nature, has already been allowed bail by a Coordinate Bench of this Court vide order dated 29.02.2020 passed in Cr. Misc. No. 12430 of 2020 (Annexure-3). Investigation of the case against the petitioner is already complete.

The report of the learned Trial Judge dated 10.08.2021

Patna High Court CR. MISC. No.22261 of 2021(100) dt.28-10-2021 2/2 would reveal that the case is at the primary stage of the prosecution evidence. No witness has turned-up up-till-now. Considering the facts aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Kawakole Police Station Case No. 226 of 2018, subject to the following conditions:- (a) The petitioner shall fully cooperate with the trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of territorial jurisdiction of the learned court below.

(c) The petitioner shall not leave the country without permission of the learned trial court.

(Birendra Kumar, J) Kundan/- U T