Rambali Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30429 of 2020 Arising Out of PS. Case No.-35 Year-2018 Thana- DANDARI District- Begusarai ====================================================== Rambali Yadav, Son of Bhim Yadav, Resident of Village- Pratarpur, Police Station- Dandari, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar, Advocate For the Opposite Party/s :

Mr.Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 22-12-2020 Since as of now the Courts have not resumed normal physical hearing, the matter has been listed today for consideration through video conferencing. The learned counsels are appearing and making submissions from their residence.The Court Master and Secretary are also part of this virtual Court proceedings from their homes, all with the aid of audio visual technology.

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

The petitioner seeks bail in connection with Dandari P.S. Case No.35 of 2018 registered for the offence punishable under Sections 307, 385 and 504 of the Indian Penal Code read with Section 27 of the Arms Act.

Patna High Court CR. MISC. No.30429 of 2020(3) dt.22-12-2020 2/3 While the informant was at his house, the petitioner is alleged to have reached and demanded ransom of Rs.1,00,000/- (one lac) and on protest, shot fire upon the informant.

Petitioner's counsel submits that the petitioner is in custody since 01.01.2020. He bears a clean past and being a co-villager has falsely been implicated in this case. In the investigation, the informant's brother has not stated about any firing.

Learned APP for the State has opposed the prayer for bail.

Considering the rival submissions, this Court is inclined to allow the petitioner's prayer for bail. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Ms. Shweta Grewal, learned Judicial Magistrate-1st, Begusarai, in connection with Dandari P.S. Case No.35 of 2018, subject to the following conditions: (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will

Patna High Court CR. MISC. No.30429 of 2020(3) dt.22-12-2020 3/3 also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T