Pravesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21796 of 2020 Arising Out of PS. Case No.-95 Year-2020 Thana- PIPRA District- Supaul ====================================================== 1.

PRAVESH YADAV S/o Mahindar Yadav Resident of Basha, P.S.- Pipra, District- Supaul.

2.

Pramod Ram S/o Laxmi Ram Resident of Basha, P.S.- Pipra, DistrictSupaul. 3.

Mukesh Kumar S/o Mantun Yadav R/o Village- Daha Vishanpur, P.S.- Gamaharia, District- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dinesh Prasad Verma For the Opposite Party/s :

Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-07-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioners is directed to remove the defects, as pointed out by the Office, within a period of four weeks from the date of lifting of the lockdown in the State of Bihar.

Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in a case instituted for the

Patna High Court CR. MISC. No.21796 of 2020(2) dt.07-07-2020 2/3 offences under Sections 379, 411/34 of the Indian Penal Code and 3 of the Prevention of Damage to Public Property Act, 1984.

Prosecution case, in short, is that when the police party reached the place of occurrence, the accused persons were involved in stolen of wood and seeing the police party, they tried to flee away but were apprehended.

It has been submitted on behalf of the petitioners that the petitioners are in custody since 3.4.2020 and have got no criminal antecedent. Charge-sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been made accused due to mistake of fact. A wooden bridge had collapsed. The petitioners were trying to remove the broken portion of the bridge with an intention to avoid any further accident. The petitioners had no intention to commit theft of wood in question.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R/complaint case. Considering the facts and circumstances of the case and also the lockdown, the petitioners above named, are directed to be released on bail on their personal bonds to the satisfaction

Patna High Court CR. MISC. No.21796 of 2020(2) dt.07-07-2020 3/3 of learned Chief Judicial Magistrate, Supaul in connection with Pipra P.S. Case No. 95 of 2020.

Once the normalcy is restored, the petitioners shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each within a period of four weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Pankaj/- U T