Ramesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28693 of 2020 Arising Out of PS. Case No.-505 Year-2019 Thana- BRAHMPUR District- Buxar ====================================================== RAMESH YADAV Son of Late Jagdish Yadav Resident of Village - Baluwa, P.S.- Brahmpur, District - Buxar.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bachan Jee Ojha, Advocate.

For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-11-2020 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. Since the physical court proceeding is nonfunctional, due to present pandemic, COVID-19, the matter is listed with defects.

Learned counsel for the petitioner undertakes to remove the defects within three weeks of resumption of physical court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in a case registered for the offence punishable under Sections 147, 148, 149, 323, 341, 353, & 307 of the Indian Penal Code and Section 27 of the Arms Act.

Patna High Court CR. MISC. No.28693 of 2020(2) dt.12-11-2020 2/3 As per the prosecution case, while the police had gone to arrest the petitioner, co-accused Deepak Yadav along with other co-accused attacked on the police party and tried to snatch their arms and they get freed the petitioner from the police.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case. As a matter of fact, as the police party was in civil dress, the petitioner and others did not identify them and apprehending them kidnapper they attacked on the police party. Co-accused, namely, Deepak Yadav and Sunil Pandey have been enlarged on bail by different co-ordinate bench of this court vide order dated 03.03.2020 and 09.06.2020 passed in Cr. Misc. Nos. 9050 of 2020 and 19460 of 2020 respectively. The petitioner has been languishing in custody since 18.11.2019.

Vide order dated 03.03.2020 passed in Cr. Misc. No.9050 of 2020, while granting bail to Deepak Yadav, this Court has given liberty to this petitioner to renew his prayer for bail after framing of charge. The charge has already been framed on 15.06.2020.

Learned APP for the State opposed the bail

Patna High Court CR. MISC. No.28693 of 2020(2) dt.12-11-2020 3/3 petition.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned A.D.J.-VIII, Buxar in connection with Sessions Trial No.44 of 2020, arising out of Brahmpur P.S. Case No.505 of 2019. (Anjani Kumar Sharan, J) Trivedi/- U T