Saurav Yadav @ Saurabh Kumar @ Kari Yadav @ Kari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30544 of 2022 Arising Out of PS. Case No.-843 Year-2020 Thana- SAHARSA SADAR District- Saharsa ====================================================== Saurav Yadav @ Saurabh Kumar @ Kari Yadav @ Kari Son of Dinesh Yadav Resident of Village- Sisai, P.S.-Saharsa, District-Saharsa. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Rashmi Jha, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-08-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 341, 323, 307, 507, 506/34 of the Indian Penal Code and Section 27 of the Arms Act. Allegation against the petitioner is that he fired upon the informant which hit below his waist due to which the informant fell down.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. He further submits that it appears from the F.I.R. that there is

Patna High Court CR. MISC. No.30544 of 2022(2) dt.25-08-2022 2/3 specific allegation of firing which hit below the waist of the informant. He further submits that the injury report of the informant suggests that the injury is simple in nature. He further submits that the charge has been framed on 07.03.2022 and the petitioner is in custody since 30.07.2021. Learned APP for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries one more case other than the present one.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Sessions Trial No. 39 of 2022 arising out of Saharsa Sadar P.S. Case No. 843 of 2020, with the following conditions :-

(1) 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 on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move

Patna High Court CR. MISC. No.30544 of 2022(2) dt.25-08-2022 3/3 for cancellation of bail.

(3) 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 antecedents, 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.

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