Jential Yadav @ Jential Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19040 of 2020 Arising Out of PS. Case No.-165 Year-2019 Thana- SAHARSA District- Saharsa ====================================================== Jential Yadav @ Jential Kumar Yadav S/o Burami Yadav @ Brahamdev Yadav R/o Village- Belha Tola Kahara, P.S.- Saharsa, Distt- Saharsa. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md. Harun Quareshi, Advocate For the Opposite Party/s :
Mr.Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-06-2020 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 Saharsa P.S. Case No. 165 of 2019, registered for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 384, 435 and 427 of the Indian Penal Code and section 27 of the Arms Act. Petitioner and other accused persons are alleged to have fired upon the informant causing injury below his waist. It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case. There is general and omnibus allegation against the petitioner. No
Patna High Court CR. MISC. No.19040 of 2020(2) dt.08-06-2020 2/3 incriminating article has been recovered from possession of this petitioner. Allegation of firing is against other co-accused persons. Similarly situated co-accused persons have been granted bail by different benches of this court vide order dated 22.10.2019 passed in Cr. Misc. No. 66763 of 2019, order dated 20.05.2019 passed in Cr. Misc. No. 33166 of 2019 and order dated 06.08.2019 passed in Cr. Misc. No. 47384 of 2019 (Annexure-2 series) Petitioner is in custody since 05.02.2020 having clean antecedent.
Considering the facts and circumstances of the case, the petitioner above-named, 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, Saharsa in connection with Saharsa Sadar P.S. Case No. 165 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.19040 of 2020(2) dt.08-06-2020 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