Balram Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27601 of 2021 Arising Out of PS. Case No.-39 Year-2016 Thana- BELCHHI District- Patna ====================================================== Balram Yadav S/O Bindeshwar Yadav R/O Village-Jalalpur, Police StationBelchhi And District-Patna. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gajendra Kumar Singh, Advocate For the Opposite Party/s :
Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-11-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Belchhi P.S. Case No. 39 of 2016 instituted for the offences under Sections 302 and 34 of the Indian Penal Code read with Section 27 of the Arms Act.
Learned counsel for the petitioner submits that the petitioner is in custody since 26.06.2020 and charge-sheet has been submitted in the case.
Learned counsel for the petitioner submits that from bare perusal of the allegation as alleged in the F.I.R. it would manifest that the informant has levelled general and omnibus allegation of assault by lathi against the petitioner and others and none of the injuries are on the vital part of the body. The
Patna High Court CR. MISC. No.27601 of 2021(3) dt.30-11-2021 2/3 cause of death is respiratory failure.
Learned counsel for the petitioner submits that coaccused Vinay Mahto has been granted bail by order dated 17.03.2017 in Cr. Misc. No. 54764 of 2016 and the petitioner is similarly situated.
Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner and submits that the petitioner has got four criminal antecedents as mentioned in paragraph '3' of the bail application.
Considering the fact that the petitioner is in custody since 26.06.2020 and charge-sheet has been submitted in the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Barh, Patna in connection with Belchhi P.S. Case No. 39 of 2016 subject to the condition as laid down under Section 437 (3) Cr.P.C. with a condition that the petitioner will have to mark his attendance in the concerned police station on 15th of every month commencing from December, 2021 till the charges are not framed and in the event it is reported to the learned court below that the petitioner has not marked his attendance on any
Patna High Court CR. MISC. No.27601 of 2021(3) dt.30-11-2021 3/3 of the 15th of any of the month, the court below shall be at liberty to cancel his bail bonds.
(Satyavrat Verma, J) Rishi/- U T