Baburam Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38097 of 2021 Arising Out of PS. Case No.-216 Year-2020 Thana- SISWAN District- Siwan ====================================================== Baburam Yadav S/o- Late Gaurishankar Yadav R/o Village- Pursottam Mura, P.S.- Siswan, District- Siwan.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Pandey For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-09-2021 This matter is taken up for consideration through Video Conferencing.

Heard both parties.

The petitioner seeks bail in Siswan P.S. Case No. 216 of 2020, registered for the offence punishable under Section 307 and other allied sections of the Indian Penal Code. As per the prosecution case, on the alleged date and time of occurrence, one Niraj Kumar Pandit called the son of informant and co-accused Dhirendra Pandit and this petitioner caught hold of the son of informant and co-accused Vijay Yadav stabbed with knife causing grievous injury.

It is submitted on behalf of the petitioner that due to land dispute petitioner has been falsely implicated in this case. From perusal of FIR, it is apparent that this petitioner is not the

Patna High Court CR. MISC. No.38097 of 2021(2) dt.23-09-2021 2/2 assailant and he is only alleged to have caught hold of the son of informant and it is co-accused Vijay Yadav who is alleged to have stabbed the son of informant. Petitioner is in custody since 13.03.2021. Chargesheet has already been submitted. Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate Ist Class, Siwan in connection with Siswan P.S. Case No.

216 of 2020, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below. (ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.