Harendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1423 of 2020 Arising Out of PS. Case No.-70 Year-2020 Thana- SANGRAMPUR District- East Champaran ====================================================== Harendra Yadav Son of Jayshree Yadav, Resident of Village-Utari Madhubani, P.S.- Sangrampur, Distt.- East Champaran, Motihari. Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Rajesh Kumar For the Respondent/s :
Mr. Binay Krishna ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 20-10-2020 Heard Mr. Yogesh Chandra Verma, Senior Advocate assisted by Mr. Rajesh Kumar appearing on behalf of the appellant and Mr. Kundan Rathore @ Kundan Kumar, learned counsel for the informant and Mr. Binay Krishna, learned counsel representing the State through Video Conferencing. In this case, the appellant is seeking regular bail in connection with Sangrampur P.S. Case No. 70 of 2020 registered for offence punishable under sections 302/34 of the Indian Penal Code and 3 (2) (v) SC/ST Act.
There is a direct allegation of piercing knife to the body of the deceased. In paragraph 3 of this appeal, it has been stated that the appellant has got clean antecedent. The informant appeared and pointed out the Court that there are many cases against the petitioner, after that, the Court directed to file supplementary affidavit.
Patna High Court CR. APP (SJ) No.1423 of 2020(3) dt.20-10-2020 2/2 He has stated in the supplementary affidavit that the petitioner has three cases, namely, Hajipur P.S. Case No. 5 of 2018 registered for offence punishable under sections 341, 323, 448, 504, 380 IPC, 3(i) (x) SC/ST Act, Sangrampur P.S. Case No. 94 of 2019 registered for offence punishable under sections 341, 323, 324, 379, 504, 506/34 IPC and Sangrampur P.S. Case No. 207 of 2019 registered for offence punishable under sections 420, 467, 468, 471, 120, 323, 379, 506, 354 (B) IPC. It is clear cut off suppression of fact in order to obtain the order in his favour.
As purposely Mr. Yogendra Prasad Yadav, son of Jayashree Yadav, resident of 70 Kha, Chota Bariyarpur, Subdivision-Motihari, District-East Champaran has suppressed the fact about the criminal history of the petitioner, this appeal is dismissed with a cost of Rs.500/- that will be paid by him. If he fails to deposit the aforesaid money, this Court directs the Collector of the district to realize the same from Mr. Yogendra Prasad Yadav by way of following procedure of law. With the above direction, this appeal is dismissed. (Shivaji Pandey, J) Mahesh/- U T