Krishna Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33835 of 2021 Arising Out of PS. Case No.-297 Year-2020 Thana- SAHARSA SADAR District- Saharsa ====================================================== Krishna Yadav, S/o Ramchandra Yadav, R/o village- Refujee Colony, Ward No. 6, P.S. and District- Saharsa (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra, Advocate For the Opposite Party/s :

Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE A. M. BADAR ORAL ORDER 07-01-2022 The applicant/accused in Crime No. 297 of 2020 registered with Saharsa Sadar Police Station for the offences punishable under Sections 307 and 324 as well as Section 27 of the Arms Act, by this application is seeking his release on bail after filing of the charge sheet.

Heard both sides The FIR of the subject crime is lodged by the Police Personnel named Santosh Kumar Suman. He averred that on 02.04.2020 at about 10 A.M. he was going to the Stadium for having his lunch. At the corner of the rod, one person came on motorcycle and fired a bullet at him.

During course of investigation, two accused persons including the present applicant came to be arrested. Their Test Identification Parade was not conduced. Nothing has been

Patna High Court CR. MISC. No.33835 of 2021(2) dt.07-01-2022 2/3 recovered from their possession. Co-accused Naresh Kumar is already directed to be released on bail by a coordinate Bench of this Court vide order dated 15.03.2021 passed in Criminal Misc. No. 34704 of 2020. On confession of said accused, name of the present applicant has surfaced during course of the investigation.

I see no reason to deny bail to the applicant and hence, the order :- i. The application is allowed.

ii. The applicant/accused in Crime No. 297 of 2020 registered with Saharsa Sadar Police Station for the offences punishable under Sections 307 and 324 as well as Section 27 of the Arms Act be released on bail on executing P.R. bond of Rs.15,000/- (Rupees Fifteen Thousand) on furnishing surety of the like amount to the satisfaction of the trial court with the following conditions: - (I) The applicant/accused should not extend any threat, promise of inducement to the persons acquainted with the facts of the accusation against him so as to dissuade him from disclosing such facts to the Court or to any police officer. (II) The applicant/accused should cooperate the trail court in expeditious disposal of the trial against him.

Patna High Court CR. MISC. No.33835 of 2021(2) dt.07-01-2022 3/3 (III) The applicant/accused should not contact the members of the prosecuting party as well as witnesses in this case in any manner till conclusion of the trial. (IV) The applicant should not repeat commission of similar offence in future and if he is found to be involved in commission of similar offence, the State is at liberty to apply for cancellation of bail granted to the applicant in the instant case.

The applicant to remove all office objections forthwith and the Registry to issue the certified copy of this order only after removal of office objections by the applicant/accused.

(A. M. Badar, J) Bhardwaj/- U T