Sujit Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19549 of 2022 Arising Out of PS. Case No.-85 Year-2021 Thana- SILAO District- Nalanda ====================================================== 1.
Sujit Yadav Son of Ram Naresh Yadav Resident of vill. - Kamdaarganj, P.S. - Silao, Dist.- Nalanda.
2.
Guddu Rangila Son of Kuladip Yadav Resident of vill. - Kamdaarganj, P.S. - Silao, Dist.- Nalanda.
... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajani Ranjan Pd. Singh, Advocate For the Opposite Party/s :
Mr.Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 29-07-2022 Heard learned counsel for the petitioners and learned APP for the State in Virtual Court Proceeding. Let the defect(s), if any, as pointed out by the office, be removed within four weeks.
The petitioners are in custody in connection with Silao P.S. Case No. 85 of 2021 under sections 341, 323, 325, 354, 307, 147, 148, 149, 379 of the Indian Penal Code and 27 of the Arms Act.
Learned counsel for the petitioners submit that there is case and counter case in the matter. While the petitioner and his family lodged Silao P.S. Case No. 82 of 2021, as a counter blast, this Silao P.S. Case 85 of 2021 was lodged by the
Patna High Court CR. MISC. No.19549 of 2022(2) dt.29-07-2022 2/3 informant. He submits that omnibus allegation has been made against the accused persons including the petitioners herein of assault and opening of fire as also snatching of the money. He further submits that due criminal antecedent, he is in jail since 14.1.2022 (as stated in para-11 of the bail application). Taking into account the fact that there is case and counter case as also that the omnibus allegation of assault is there, the petitioners are in jail since 14.1.2022 and charge-sheet stands submitted, this Court is inclined to grant them the privilege of bail.
Let the petitioners be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned C.J.M., Nalanda, Biharsharif, in connection with Silao P.S. Case No. 85 of 2021 subject to the following conditions: (i) one of the bailors should be the family members of the petitioners, who shall provide official document to show their bona fide;
(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail their cancellation of bail by the Trial Court itself;
Patna High Court CR. MISC. No.19549 of 2022(2) dt.29-07-2022 3/3 (iii) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. With the aforesaid observations, the bail application is allowed.
(Rajiv Roy, J) Ravi/- U T