Manish Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33632 of 2021 Arising Out of PS. Case No.-368 Year-2020 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Manish Yadav Son of Laddu Yadav Resident of Village- Piparpanti, P.S.- Pasraha, District- Khagaria.

... ... Petitioner/s

Versus

The State Of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjeet Kumar Singh For the Opposite Party/s :

Mr. Md. Aslam Ansari, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 04-04-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in a case registered for the offences punishable under Sections 341, 307, 324, 34 of the Indian Penal Code and Section 27 of the Arms Act. According to prosecution case, the informant is said to have been inflicted gun shot injury by one Manish Kumar and his associates as a result of which he sustained injury. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been

Patna High Court CR. MISC. No.33632 of 2021(4) dt.04-04-2022 2/3 implicated in the present case. He further submits that as per allegation levelled in the F.I.R. the petitioner made firing upon informant causing injury on the left side of Chest. He further submits that the injury report of the informant is not supported the prosecution case as alleged in the F.I.R. and police after investigation submitted the charge sheet against the petitioner. He further submits that the charge has been framed against the petitioner. The petitioner is in custody since 19.01.2021. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail.

Considering the aforesaid facts and circumstances, let the petitioner, above named, be released 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 Court below where the case is pending in connection with Sahebpur Kamal P.S. Case No. 368 of 2020, subject to the following conditions:-

1. 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 on his absence on two consecutive dates without sufficient reason, his bail

Patna High Court CR. MISC. No.33632 of 2021(4) dt.04-04-2022 3/3 bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) mdrashid/- U T