Rohit Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31636 of 2023 Arising Out of PS. Case No.-510 Year-2022 Thana- GAYA KOTWALI District- Gaya ====================================================== Rohit Yadav S/O Dashrat Yadav R/O Village- Kandi Nawada, P.S- Chandauli, Distt.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogesh Verma, Sr. Adv.

Mr. Rishi Sinha, Adv.

For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-06-2023 Let the defect(s), if any, be removed within two weeks from today.

2. Heard learned counsel for the petitioner and learned A.P.P. for the State.

3. The petitioner seeks regular bail in connection with Kotwali P.S. Case No. 510 of 2022 dated 18.08.2022 lodged under Sections 147, 148, 149, 337, 338, 307, 353, 504 of the I.P.C.

4. As per the prosecution case, the specific allegation of pelting bricks and stones upon the informant's side by the accused persons are there.

5. Learned counsel for the petitioner submits that petitioner has not named in the F.I.R. He submits that the name

Patna High Court CR. MISC. No.31636 of 2023(2) dt.07-06-2023 2/3 of the petitioner has figured in this case by virtue of the confessional statement of the co-accused. He submits that some of the accused persons whose names have not figured in this case have been granted bail by the Court of learned C.J.M., Gaya itself.

6. Learned counsel for the petitioner further submits that petitioner is in custody since 22.03.2023 having five cases pending against him.

7. Learned counsel for the State opposes the prayer for bail and submits that there are antecedents of the petitioner.

8. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Gaya in connection with Kotwali P.S. Case No. 510 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of

Patna High Court CR. MISC. No.31636 of 2023(2) dt.07-06-2023 3/3 his bail bond.

B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

9. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) sadique/- U T