Pawan Yadav @ Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31164 of 2020 Arising Out of PS. Case No.-250 Year-2019 Thana- MAGADH MEDICAL COLLEGE District- Gaya ====================================================== Pawan Yadav @ Pawan Kumar S/o Chhote Lal Yadav R/o Vill-Gopi Bigha, P.S.-Magadh Medical, District-Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 22-01-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Section 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

During a cultural programme of dance firing was made by co-accused Ravi Kumar which caused injury to Prem Raj as a result whereof Prem Raj died. Petitioner was there. However, no specific overt-act was alleged against the petitioner.

Learned counsel for the petitioner submits that petitioner is in custody since 10.02.2020. Investigation of the case is already complete. The petitioner is ready to cooperate

Patna High Court CR. MISC. No.31164 of 2020(3) dt.22-01-2021 2/2 with the trial.

Learned counsel for the informant opposed the prayer for bail on the ground of criminal antecedent of the petitioner disclosed in para-3 of the bail petition.

Considering the fact that there is no direct involvement of the petitioner; rather specific allegation is against some other person as well as considering the period already undergone by the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Magadh Medical P.S. Case No.250 of 2019, with following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T