Ashok Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22713 of 2020 Arising Out of PS. Case No.-189 Year-2019 Thana- CHARPOKHARI District- Bhojpur ====================================================== Ashok Yadav Son of Sudama Yadav Resident of Village- Dhyanitola, P.S.- Charpokhari, Distt- Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prabhat Kumar Singh For the Opposite Party/s :
Ms. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03-09-2020 The Court proceeding has been conducted through virtual mode.
Heard learned counsel for the petitioner and learned APP for the State.
Since the court proceeding in physical mode is non-functional, due to present pandemic, COVID-19, the matter is listed with defects.
Learned counsel for the petitioner undertakes to remove the defects within three weeks of resumption of court proceeding in physical mode. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the bench.
The petitioner is languishing in custody since 08.01.2020 in a case registered for the offences punishable under Sections 302, 307, 120B/34 of the Indian Penal Code and
2/4 Section 27 of the Arms Act, hence, the prayer for bail has been made through the present application.
The prosecution case, as per the fardbeyan of Lalan Ray recorded by A.S.I., Santosh Kumar Singh, Ara Town P.S. on 02.09.2019 at 5.10 A.M. at Emergency Ward, Sadar Hospital, Ara, is to the effect that on 01.09.2019 on eve of birthday party of niece of Niraj Kumar some cultural programme was being going conducted, in which, co-accused Niraj's friend Deepak Yadav, Nagendra Yadav, Dhiraj Kumar, Prem Yadav and Ashok Yadav, the petitioner and co-accused Bittu Bhutt resorted to fire. On protest being made by the son of the informant, Dhiraj Kumar @ Anku, they got agitated. Thereafter, they chased the son of the informant when the petitioner, Ashok Yadav and coaccused Dhiraj Kumar, Bittu Kumar and Prem Yadav caught hold of the son of the informant and thereafter, on the order of co-accused Niraj Kumar and Nagendra Yadav, co-accused Deepak Yadav fired causing injury on the chest of the son of the informant, who succumbed to the injury.
It is submitted by learned counsel for the petitioner that the accusation of firing is against co-accused Deepak Yadav, whereas, other co-accused who are alleged to caught hold of the son of the informant, i.e., Dhiraj Kumar, Bittu Kumar, Prem
3/4 Yadav and Nagendra Yadav, have been granted bail by different Co-ordiante benches of this Court vide Cr. Misc. Nos. 356 of 2020, 3212 of 2020, 12494 of 2020 and 18188 of 2020 respectively. The investigation has already been concluded and statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. Learned APP for the State submits that the petitioner is named in the FIR to have caught hold of the son of the informant.
Considering the fact that the accusation is omnibus and general when specific accusation has been alleged against co-accused Deepak Yadav, similarly situated co-accused persons have been granted bail by Co-ordinate benches of this Court and investigation has already been concluded, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the petitioner above named be released on bail for the present provisionally for a period of three months on furnishing one surety to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Charpokhari P.S. Case No. 189 of 2019.
However, in view of the present pandemic
4/4 COVID-19, it will be open for the learned Court below to accept the bail bond upon furnishing an undertaking by the surety, on photo copy of his Aadhar Card, to the effect that he is ready to become the bailor of the petitioner which may be transmitted by such surety to the learned Court concerned through e-mode.
The provisional bail of the petitioner will be confirmed by the learned Court below within three months on furnishing bail bond of Rs.10000/- (ten thousand) with two sureties, including one surety given at the time of provisional bail, of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Charpokhari P.S. Case No. 189 of 2019.
The learned Court below is at liberty to further extend the period of provisional bail if the court proceeding in physical mode will not resume in next three months. Accordingly, the application stands disposed of. (Dinesh Kumar Singh, J) DKS/- U T