Saroj Yadav @ Saroj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31513 of 2024 Arising Out of PS. Case No.-496 Year-2023 Thana- BIKRAMGANJ District- Rohtas ====================================================== SAROJ YADAV @ SAROJ KUMAR SON OF RAMESHWAR SINGH RESIDENT OF VILLAGE - DHARUPUR, POLICE STATION - BIKRAMGANJ, DISTRICT - ROHTAS AT SASARAM ... ... Petitioner/s
Versus
THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raghunandan Kumar Singh, Advocate For the Opposite Party/s :
Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-05-2024 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Bikramganj P.S. Case No. 496 of 2023 for the offence under sections 447, 323, 354(B), 379, 504, 34 of the I.P.C. lodged on 02.09.2023 by the informant, Puranwasi Yadav.
3. As per the prosecution story, the informant alleged that the accused persons came to his door and after abusing, assaulted the family members. The further allegation is of snatching of gold chain and before reiterating, they also opened fire. Accordingly, the FIR.
4. Learned counsel for the petitioner submits that it is a land dispute matter, there is a case and counter case and the case of the petitioner being earlier one. Further, no injury report
Patna High Court CR. MISC. No.31513 of 2024(2) dt.22-05-2024 2/3 is on record.
5. Learned APP opposes the prayer stating that they came armed variously, abused, assaulted and also opened fire.
6. Taking into account the aforesaid submissions put forward by the parties as also the fact that the injury report is not on record, the case of the petitioner is earlier one, this Court is inclined to extend him the privilege of anticipatory bail with conditions.
7. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Bikramganj, Rohtas, in connection with Bikramganj P.S. Case No. 496 of 2023 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his
Patna High Court CR. MISC. No.31513 of 2024(2) dt.22-05-2024 3/3 bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) kiran/- U T