Deepu Yadav @ Deepu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24304 of 2022 Arising Out of PS. Case No.-165 Year-2017 Thana- MOKAMAH District- Patna ====================================================== DEEPU YADAV @ DEEPU KUMAR SOSN OF LUTAN YADAV R/O VILLAGE- KANHAIPUR, P.S.- MOKAMA, DISTRICT- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Premchandra Yadav For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-08-2022 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/ss 384, 307, 429, 504, 506 read with 34 of the Indian Penal Code.

As per prosecution case, the informant was sleeping on the land of Medni Yadav after tying his buffalo on the said land. The petitioner and co-accused came and started abusing Mukesh Yadav and began to say that they would take possession of this land forcefully. Thereafter, co-accused, Shyam Sundar

Patna High Court CR. MISC. No.24304 of 2022(3) dt.16-08-2022 2/3 Yadav started taking away the buffalo of the informant after untying it. On being objected, the co-accused person open fired on the informant which hit his buffalo and then again started firing on him indiscriminately with intent to kill.

Learned counsel for the petitioner has submitted that the petitioner is innocent and he has falsely been implicated in this case. Learned counsel for the petitioner has further submitted that the petitioner is also accused in 16 other criminal cases which are not related to heinous nature of offence and most of the cases have been filed by the informant. There is no overt act against the petitioner. The petitioner was present on the place of occurrence. The petitioner is in custody since 16.03.2021. 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 furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Add. District & Sessions Judge, Ist, Barh in connection with Mokama P.S. Case No. 165 of 2017, with following conditions :-

1. One of the bailors shall be a close relative of the

Patna High Court CR. MISC. No.24304 of 2022(3) dt.16-08-2022 3/3 petitioner who shall give genealogy as to how he is related to the petitioner.

2. The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled by the concerned Court.

3. If the petitioner is found involved in any other criminal case in future, 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