Satish Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29173 of 2020 Arising Out of PS. Case No.-155 Year-2020 Thana- JAMUI District- Jamui ====================================================== SATISH YADAV Son of Krishna Yadav Resident of Village- Chandwara, P.S. and District- Jamui.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Prakash Mahto, Advocate For the Opposite Party/s :
Mr.Anand Mohan Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 15-01-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Petitioner, in the present case, is seeking regular bail in connection with Jamui P.S. Case No. 155/2020 registered for the offences punishable under Section 147, 148, 149, 341, 326, 302 of the Indian Penal Code.
Learned counsel for the petitioner submits that the petitioner is said to be the member of the mob but there is no allegation against the petitioner either as order giver or that he had participated in causing assault upon the father of the informant. learned counsel submits that petitioner has falsely been implicated in this case and he is in jail since 19.03.2020 having no criminal antecedent.
Learned A.P.P. for the State has opposed the prayer for regular bail of the petitioner.
Patna High Court CR. MISC. No.29173 of 2020(4) dt.15-01-2021 2/3 Having regard to the facts and circumstances of the case wherein the petitioner is said to be the member of the mob but there is no allegation against the petitioner either as order giver or that he had participated in causing assault upon the father of the informant, the petitioner has remained in jail since 19.03.2020, investigation against him is complete and there is no submission on behalf of the State that the release of the petitioner at this stage is in any way likely to result in tampering with the evidence or interfering with the course of trial, and petitioner has otherwise no criminal antecedent, let the petitioner above named be released on bail on furnishing of bail bond of Rs.
25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui, in connection with Jamui P.S. Case No. 155/2020, subject to the condition as laid down under Section 437 (3) Cr.P.C.
Patna High Court CR. MISC. No.29173 of 2020(4) dt.15-01-2021 3/3 make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. 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. And further condition that he will abide by and observe the guidelines and directives of the Government of India and the State Government with regard to COVID-19 Pandemic.
(Rajeev Ranjan Prasad, J) Rajeev/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.