Chandradeo Rai @ Chandradeo Yadav @ Chandradeo Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30240 of 2021 Arising Out of PS. Case No.-155 Year-2020 Thana- ISHAKCHAK District- Bhagalpur ====================================================== Chandradeo Rai @ Chandradeo Yadav @ Chandradeo Prasad Yadav Son of Late Jageshwar Yadav @ Jageshwar Prasad Yadav Resident of VillageBandehara, Police Station- Pasraha, District- Khagaria, at present resident of Mohalla- Baluahi Ward No.24. Police Station- Khagaria, District- Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Viveka Nandsingh, Adv.

For the Opposite Party/s :

Mr. Sanjay Kr. Singh, APP For the Informant Dr. Manoj Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-01-2022 Heard learned counsel for the petitioner, informant and learned Additional Public Prosecutor for the State through the virtual court proceeding.

Learned counsel for the petitioner undertakes to remove the defects within three weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 302, 120B/34 of the Indian Penal Code.

It is submitted by learned counsel for the petitioner that petitioner is innocent and has been falsely implicated in this case. He submits that there is general and

Patna High Court CR. MISC. No.30240 of 2021(2) dt.18-01-2022 2/3 omnibus allegation levelled against the petitioner. He submits that there is no specific allegation against petitioner. He submits that the petitioner has been made accused only as one of the conspirator in the commission of the alleged occurrence. He submits that similarly situated co-accused has been granted bail by this Court in Cr. Misc. No. 24019 of 2021. He submits that deceased was also involved in the criminal cases as stated in para-16 of the bail application. He further submits that petitioner has one criminal antecedent as stated in para-3 of this application.

Learned APP for the State opposes the prayer for bail and submits that petitioner is involved in the present case and some of the witnesses have also supported the prosecution case.

Considering the facts and circumstances of the case and the fact that the similarly situated co-accused has been granted bail, the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is

Patna High Court CR. MISC. No.30240 of 2021(2) dt.18-01-2022 3/3 pending/successor court in connection with Ishakchak P.S. Case No. 155 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) devendra/- U T