Shyam Sunder Yadav @ Shyam Sunder Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23936 of 2020 Arising Out of PS. Case No.-26 Year-2020 Thana- BHARGAMA District- Araria ====================================================== SHYAM SUNDER YADAV @ SHYAM SUNDER KUMAR Son of Triveni Yadav Resident of Village - Koriyapatti, P.S.- Zadia, District - Supaul. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukesh Kumar Rana, Adv.
For the Opposite Party/s :
Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-11-2020 Heard Mr. Mukesh Kumar Rana, learned counsel for the petitioner and Mr. Ram Anurag Singh, Additional Public Prosecutor for the state through video conferencing.
2. Petitioner seeks regular bail in connection with Bhargama PS Case No. 26/2020 registered for the offence punishable under Section 394 of the IPC and Section 27 of the Arms Act.
3. The allegation as per First Information Report is that on 24.02.2020 in the evening, while the informant was in his office, four unknown miscreants entered into the office of the informant with fire arms and on the point of fire arms looted away cash of Rs. 76,065/- and two mobile phones and while fleeing away they opened fire in the air also.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.23936 of 2020(3) dt.09-11-2020 2/3 petitioner is not named in the FIR and his name has transpired on the basis of information received by the police from a spy. Learned counsel for the petitioner further submits that confessional statement of the petitioner was recorded by the police but no incriminating material has been recovered from his possession and petitioner was also not put on the test identification parade.
5. Learned counsel next submits that similarly situated co-accused, Sanjay Ram @ Sanjeet Ram has been granted regular bail by this Court in Cr. Misc. No. 23134/2020 vide order dated 02.11.2020.
6. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that similarly situated co-accused, Sanjay Ram @ Sanjeet Ram has been granted bail by this Court, I am inclined to grant regular bail to the petitioner subject to the conditions that (1) petitioner shall co-operate in the trial and shall properly be represented on each and every date fixed by the court and shall remain physically present, as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below (2) if the petitioner tampers with the evidence or the witnesses, in that
Patna High Court CR. MISC. No.23936 of 2020(3) dt.09-11-2020 3/3 case, the prosecution will be at liberty to move for cancellation of bail.
7. Accordingly, let the petitioner, SHYAM SUNDER YADAV @ SHYAM SUNDER KUMAR be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sri Rajesh Ranjan, learned Judicial Magistrate, 1st Class, Araria in connection with Bhargama PS Case No. 26/2020.
8. It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines of social distancing.
(Anil Kumar Sinha, J) perwez U T