Sonman Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33360 of 2022 Arising Out of PS. Case No.-41 Year-2022 Thana- SONO District- Jamui ====================================================== 1.

SONMAN YADAV S/o Late Khiru Yadav 2.

Ravindra Yadav S/o Sonman Yadav Both are R/o village- Thamman, P.S.- Sono (Charkapathar), District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Anil Kumar Singh No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 02-09-2022 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 petitioners and learned APP for the State in the virtual Court proceeding. Petitioners seek bail in a case registered for the offence punishable under Sections 147, 148, 149, 341, 342, 323, 324, 325, 326, 447, 307, 302, 504, 506, 354 of the IPC and Section 27 of Arms Act.

Learned counsel appearing for the petitioners submits that the petitioners have clean antecedent. They have falsely been implicated in the present case. Further submits that it appears from the FIR itself that there is land dispute between the

Patna High Court CR. MISC. No.33360 of 2022(2) dt.02-09-2022 2/3 parties and there is no allegation of assault or overt-act against the petitioners rather the specific allegation of assault is against co-accused, namely, Yuvraj Yadav, Pawan Yadav, Sanjay Yadav, Naresh Yadav, Bittu Yadad, Shesho Yadav and Anil Yadav, who assaulted and fired upon the victim. Further submits that petitioner No.1 is father of petitioner No.2 and petitioner No.2 is son of petitioner No.1. and the police, after investigation, submitted chargesheet against the petitioners and the petitioner No.1 is in custody since 12.02.2022 and petitioner No.2 is in custody since 03.02.2022.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioners.

Considering the facts and circumstances of the case, let the petitioners, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Sono P.S. Case No.41 of 2022, with the following conditions:-

(1) Petitioners 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

Patna High Court CR. MISC. No.33360 of 2022(2) dt.02-09-2022 3/3 on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.

(2) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage, it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. 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) Nitesh/- U T