Ram Janam Yadav @ Matti Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.42362 of 2021 Arising Out of PS. Case No.-67 Year-2021 Thana- GHOSI District- Jehanabad ====================================================== RAM JANAM YADAV @ MATTI KHAN, Son of Late Bahgwat Yadav @ Bhagatjee, Resident of Village - Girparta Bigha, P.S.- Kadirganj, District - Patna.

... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Akhileshwar Dayal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 15-02-2022 Learned counsel for the petitioner undertakes to remove the defects as pointed out by the Stamp Reporter within four weeks after start of normal functioning of this Court. Heard learned counsel for the petitioner and Mr. Akhileshwar Dayal, learned APP for the State. The petitioner in the present is seeking regular bail in connection with Ghosi (Okari O.P.) P.S. Case No. 67 of 2021 registered for the offences punishable under Sections 457 and 380 of the Indian Penal Code. The petitioner is in custody since 22.02.2021. He is accused in three cases and in all those cases, he is on bail.

Learned counsel for the petitioner submits that as per the prosecution story, on 09.02.2021 at about 12:00 P.M., while

Patna High Court CR. MISC. No.42362 of 2021(2) dt.15-02-2022 2/3 the informant was sleeping, some persons broke into his house. When the informant woke up after hearing some sound, he saw that 10-12 persons lashed with arms were standing. The informant identified two of them including this petitioner. These two accused persons were having rifle in their hands and threatened to kill the children of the informant. When other family members started making hulla, they took away buffalo of the informant. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is submitted that the petitioner is in custody since 22.02.2021 and investigation against him is complete.

Mr. Akhileshwar Dayal, learned A.P.P. for the State has opposed the prayer for bail of the petitioner. Having regard to the nature of the offence alleged and that the petitioner is in custody in connection with this case for about one year, investigation against him is complete and his appearance may be secured in course of trial, this Court directs release of the petitioner above named on bail on furnishing of bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad in connection with Ghosi

Patna High Court CR. MISC. No.42362 of 2021(2) dt.15-02-2022 3/3 (Okari O.P.) P.S. Case No. 67 of 2021, subject to the conditions as laid down under Section 437(3) of the Cr.P.C. 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 antecedent, 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. The application stands allowed.

(Rajeev Ranjan Prasad, J) vats/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.