Sanjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22436 of 2019 Arising Out of PS. Case No.-146 Year-2016 Thana- SONO District- Jamui ====================================================== SANJAY YADAV Son of Yamuna Yadav, Resident of Village-Bhelwa Mohanpur, Police Station-Sono, District-Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyendra Prasad Singh For the Opposite Party/s :

Mr.Upendra Kumar ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 12-04-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 13.09.2018 in connection with Sono P.S. Case No. 146 of 2016 for offences punishable under Section 302 and other allied Sections of the Indian Penal Code, Section 27 of the Arms Act and Sections 16, 17, 18, 19, 20, 21, 22 of the U.A.P. Act. The prosecution case, as lodged by the informant, is that 20-25 persons variously armed with weapons came to his house, started searching his sons Karu Yadav and Heman Yadav and brought them out. On the order of the petitioner co-accused Birendra Yadav fired on the temporal region of the son of the informant Heman Yadav and thereafter co-accused Jeetlal Yadav fired 2-3 rounds on the head and back of Heman Yadav,

Patna High Court CR. MISC. No.22436 of 2019(2) dt.12-04-2019 2/3 resultantly he succumbed to the injury.

It has been submitted by the learned counsel for the petitioner that he is innocent, no allegation of firing has been made against the petitioner and some of the co-accused named in the F.I.R. have been granted the privilege of bail by this Court and coordinate Benches of this Court in Cr. Misc. No. 25163 of 2017 vide order dated 03.07.2017, Cr. Misc. No. 35596 of 2017 vide order dated 09.08.2017, Cr. Misc. No. 36413 of 2017 vide order dated 21.08.2017 and Cr. Misc. No. 42308 of 2017 vide order dated 19.09.2017. He submits that the main allegation is upon co-accused Birendra Yadav and Jeetlal Yadav and chargesheet has already been submitted there being no allegation of tampering with the prosecution witnesses.

However, learned APP for the State opposes the prayer for bail stating therein that the petitioner is a maobadi and does not bear a clean antecedent as one more case is pending against him.

Considering the nature of allegations, period of custody, charge-sheet has already been submitted and some of the co-accused have been granted the privilege of bail, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like

Patna High Court CR. MISC. No.22436 of 2019(2) dt.12-04-2019 3/3 amount each to the satisfaction of learned Addl. Chief Judicial Magistrate-I, Jamui, in connection with Sono P.S. Case No. 146 of 2016, subject to the following conditions : 1.

One of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner.

2.

Petitioner will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

3.

If the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bonds.

(Nilu Agrawal, J) Rajesh/- U T