Vikash Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27460 of 2022 Arising Out of PS. Case No.-455 Year-2021 Thana- BUXAR MUFFSIL District- Buxar ====================================================== Vikash Kumar Yadav S/o Late Singhasan Yadav, R/o Village- Mahadah, P.S.- Buxar (Muffasil), District- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramchandra Singh, Advocate Mr. Jitendra Kumar Singh, Advocate Ms. Dimpal Kumari, Advocate For the State :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 14-09-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Buxar (Muffasil) P.S. Case No. 455 of 2021 under Sections 302 and 120B/34 of the Indian Penal Code read with Section 27 of Arms Act.

The prosecution case has been filed against 5 known persons and 3-4 unknown persons to cause death of informant's son.

Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. He further submits that the

Patna High Court CR. MISC. No.27460 of 2022(3) dt.14-09-2022 2/3 name of the petitioner has been figured in this case by the confessional statement of the co-accused. He further submits that one other co-accused, who has not been figured in the F.I.R. has been granted bail by the same court vide order dated 03.08.2022 passed in Cr. Misc. No.18505 of 2022. Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of the 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 Chief Judicial Magistrate, Buxar in connection with Buxar (Muffasil) P.S. Case No. 455 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 an affidavit before the court about his relationship with the

Patna High Court CR. MISC. No.27460 of 2022(3) dt.14-09-2022 3/3 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.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U T