Naresh Yadav @ Moth Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30346 of 2022 Arising Out of PS. Case No.-292 Year-2020 Thana- NAUTAN District- West Champaran ====================================================== Naresh Yadav @ Moth Yadav, Son of Deonandan Yadav Resident of village - Shyampur Kotraha, P.S.- Nautan, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra, Advocate For the Opposite Party/s :

Mr.Bal Mukund Prasad Sinha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 30-08-2022 Heard Mr. Brij Kishor Mishra, learned counsel appearing on behalf of the petitioner and Mr. Bal Mukund Prasad Sinha, learned A.P.P. for the State.

Let the defect(s) be removed within two weeks of the complete start of the physical Court in normal course. The petitioner seeks regular bail in connection with Nautan P.S. Case No. 292 of 2020, for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 307, 379, 504 and 506 of the Indian Penal Code.

The prosecution case, in brief, is that informant, who is the husband of the Mukhiya had sustained injury along with other victim by the accused persons named in the F.I.R. in course distribution of flood relief material. Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.30346 of 2022(2) dt.30-08-2022 2/3 submits that though the petitioner is named in the F.I.R., but no specific allegation of assault has been alleged against the petitioner. The incident took place as a result of snatching of relief material from the persons, who were distributing at the place of occurrence in which the informant also sustained injury. The informant is the husband of the Mukhiya. There is general and omnibus allegation against the petitioner. The petitioner is in custody since 12.01.2022.

Learned A.P.P. for the State has opposed the prayer for grant of bail to the petitioner.

Considering the aforementioned facts and circumstances of the case, informant has sustained only one injury which was caused by co-accused Ambika Yadav, the Doctor who examined him has found the injury to the grievous in nature, the petitioner has remained in custody since 12.01.2022, the petitioner, above named, is directed to be enlarged on bail on furnishing bail bond of Rs. 25000/- (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1 Class, Bettiah, West Champaran in connection with Nautan P.S. Case No. 292 of 2020 ,subject to the following conditions:-

(1) Bailors should be local having sufficient

Patna High Court CR. MISC. No.30346 of 2022(2) dt.30-08-2022 3/3 immovable property within the jurisdiction of the Court concerned.

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

(3) 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.

(4) If the petitioner is found involved in similar nature of offence, after his release on bail, the trial Court shall take steps to cancel his bail bonds.

(Purnendu Singh, J) manish/- U T