Bhushan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21820 of 2022 Arising Out of PS. Case No.-141 Year-2019 Thana- JADIA District- Supaul ====================================================== BHUSHAN YADAV S/o- Late Baleshwar Yadav @ Late Balo Yadav R/o Village - Siswa (Shishwa), P.S. - Barhara (Raghubansh Nagar O.P.), District - Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-08-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered u/s 147, 148, 149, 450, 341, 342, 326, 307, 302 and 120B of the Indian Penal Code and Section 27 of the Arms Act.

As per the prosecution case, the informant who is the wife of the deceased has stated that on 08.08.2019 in the morning, seven persons boarded on motorcycle fired at her husband resulting his death.

Patna High Court CR. MISC. No.21820 of 2022(2) dt.04-08-2022 2/3 Learned counsel for the petitioner has submitted that the petitioner is innocent and he has falsely been implicated in this case due to village politics. Learned counsel for the petitioner has further submitted that the petitioner is not named in the FIR and petitioner was not put on T.I. Parade. The name of the petitioner has sprung up during the course of investigation. The co-accused has already been granted bail by a Coordinate Bench of this Court vide order dated 30.09.2020 passed in Cr. Misc. No.69782 of 2019. The petitioner is accused in nine other criminal cases which is related to attempt of murder as stated at para 3 of the bail petition. The petitioner is in custody since 16.08.2021.

Learned A.P.P. for the State has opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances, the petitioner above-named, is directed to be enlarged on bail on his furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul in connection with Jadiya P.S. Case No. 141 of 2019, with following conditions :-

1. The petitioner is directed to remain physically present before the learned Court below on each and every date,

Patna High Court CR. MISC. No.21820 of 2022(2) dt.04-08-2022 3/3 failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled by the concerned Court.

2. One of the bailors must be a close relative of the petitioner.

3. If the petitioner is found involved in other criminal cases, his bail bond is liable to be cancelled by the concerned Court.

4. The petitioner is directed to mark his attendance before the Officer-In-Charge of the concerned police station at 10.00 A.M. on every Monday of the week and in the event of his failure to do so on two consecutive occasions, the present privilege of bail will stand cancelled by the concerned Court. The application stands allowed.

(Chandra Prakash Singh, J) sanjeev/- U T