Sintu Kumar Yadav @ Sintu Kumar @ Ajay Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27686 of 2023 Arising Out of PS. Case No.-162 Year-2021 Thana- PIRI BAZAR District- Lakhisarai ====================================================== Sintu Kumar Yadav @ Sintu Kumar @ Ajay Yadav Son of Ramdeo Yadav R/O Village - Bariyarpur, P.S.- Piribazar, District - Lakhisarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Kumar, Adv.
For the Opposite Party/s :
Mr. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 06-06-2023 Let the defect(s), if any, be removed within two weeks from today.
2. Heard learned counsel for the petitioner and learned A.P.P. for the State.
3. The petitioner seeks regular bail in connection with Piribazar P.S. Case No. 162 of 2021 lodged under Sections 147/ 148/ 149/ 448/ 364 of the I.P.C. read with Section 27 of the Arms Act and Section 16/ 18/ 20/ 23 of U.A.P. Act.
4. As per the prosecution case, the F.I.R. has been lodged against 10-15 unknown accused persons alleged to be Maowadi Gang in which 3-4 persons were female.
5. Learned counsel for the petitioner submits that the said accused persons entered in the house of the informant and kidnapped his son. Counsel submits that the son of the
Patna High Court CR. MISC. No.27686 of 2023(2) dt.06-06-2023 2/3 informant was returned-back but the victim has not disclosed the name of the petitioner. Counsel further submits that the petitioner has falsely been implicated in this case. Counsel submits that petitioner is not named in the F.I.R. He submits that on very next day, the victim Dipak Kumar has been recovered by the police and no incriminating article has been recovered from the possession of the petitioner. Counsel submits that petitioner is in custody since 04.03.2023.
6. Learned counsel for the petitioner further submits that the other co-accused persons have been granted bail by the Co-ordinate Bench of this Court vide order dated 28.02.2023 and 22.03.2023 passed in Cr. Misc. No. 69410 of 2022 and Cr. Misc. No. 68274 of 2022 respectively. Counsel further submits that there is one case pending against the petitioner in which he is on bail.
7. Learned counsel for the State opposes the prayer for bail.
8. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-II, Lakhisarai in
Patna High Court CR. MISC. No.27686 of 2023(2) dt.06-06-2023 3/3 connection with Piribazar P.S. Case No. 162 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:
A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.
B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.
C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.
9. With this observation, the bail application stands allowed.
(Dr. Anshuman, J.) sadique/- U T