Suraj Yadav @ Sury Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28209 of 2022 Arising Out of PS. Case No.-311 Year-2021 Thana- NAKARDEI District- East Champaran ====================================================== 1.

SURAJ YADAV @ SURY RAI Son of Late Ram Govind Yadav 2.

Bhikhar Yadav @ Sikind Yadav Son of Suraj Yadav 3.

Vinay Yadav Son of Suraj Yadav All Resident of Village - Basatpur, P.O. and P.S.- Nakardei, Distt.- East Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pravin Kumar, Advocate For the Opposite Party/s :

Mrs.Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 13-12-2022 Learned counsel for the petitioners is permitted to remove the defect (s), as pointed out by the office, if any, within a period of four weeks from today.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147,148,149,341,323,354,307,504 of IPC and added Section 302 of IPC.

The prosecution case, in short, is that all the accused persons including the petitioners being members of an unlawful assembly assaulted the wife of the informant namely, Maina

Patna High Court CR. MISC. No.28209 of 2022(3) dt.13-12-2022 2/3 Dev who during course of treatment died.

Learned counsel for the petitioners submits that petitioners have clean antecedent. They have falsely been implicated in the present case. Further submits that there is no specific allegation of any assault or overt-act against the petitioners. There is general and omnibus allegation against all the accused persons including the petitioners. Further submits that there is no intention to assault the wife of the informant. Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioners.

Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000 (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Nakardei P.S. Case No. 311 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions:-

(1) Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court

Patna High Court CR. MISC. No.28209 of 2022(3) dt.13-12-2022 3/3 and shall remain physically present as directed by the Court and on their absence on two consecutive dates without sufficient reason, their bail bonds shall be cancelled by the Court below.

(2) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T