Vikash Yadav @ Vikash Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29450 of 2021 Arising Out of PS. Case No.-605 Year-2020 Thana- BRAHMPUR District- Buxar ====================================================== VIKASH YADAV @ VIKASH KUMAR YADAV S/O KISHUN YADAV @ KISHUN KUMAR YADAV R/O VILLAGE-KARNAMEPUR, POLICE STATION-SHAHPUR (KARNAMEPUR O.P.), DISTRICT-BHOJPUR. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar Pandey, Adv.

For the State :

Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-10-2021 Heard learned counsel for the parties.

Petitioner who is in custody seeks bail in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 353, 379, 332, 333, 307, 120(b) of the IPC and Section 302 of IPC.

As per the prosecution case, while the informant and other police officials proceeded to make raid against illegal wine trade, seven named accused persons including the petitioner and many other accused persons attacked and assaulted the police party by bamboo, bhalla, iron rod etc. Two accused persons were arrested on the spot who disclosed the name of the petitioner and other accused persons as their associates in the alleged offence.

Patna High Court CR. MISC. No.29450 of 2021(3) dt.06-10-2021 2/3 The learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that similarly placed coaccused Ashok Yadav and another have already been granted bail by a co-ordinate Bench of this Court vide order dated 21.09.2021 in Cr. Misc. No.26485 of 2021. Petitioner is in custody since 10.12.2020.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bonds of Rs. 20,000/-(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 Brahmpur (Nainijore) P.S. Case No.605 of 2020, with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3) If the petitioner tampers with the evidence or

Patna High Court CR. MISC. No.29450 of 2021(3) dt.06-10-2021 3/3 the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (S. Kumar, J) Prakash Narayan /- U T