Shri Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42480 of 2021 Arising Out of PS. Case No.-156 Year-2020 Thana- JHAJHA District- Jamui ====================================================== SHRI YADAV Son of Mathura Yadav Resident of Village- Nauwakura (Teliyadih), P.S.- Jhajha, District- Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-01-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding. The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Learned Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy. Further, learned counsel for the petitioner is permitted to make necessary correction in paragraph 1 of the bail application.

The petitioner is apprehending his arrest in connection with Jhajha P.S. case No.156/2020 registered under Sections

Patna High Court CR. MISC. No.42480 of 2021(2) dt.07-01-2022 2/3 147, 149, 353, 307, 504, 506 of the Indian Penal Code. Allegation is that when the police party had come for raid, the accused persons including the petitioner were pelting stones on the police party.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. Scuffle is said to have taken place between the local residents and the police party. There is no injury report on record to show that any person is said to have been injured in course of occurrence. Altogether 4 named persons alongwith 1015 unknown persons have been made accused in the present case.

On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R. It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail application has taken note of the exponential rise in number of covid cases due to outbreak of third wave of Covid-19 pandemic. Further this Court can also not lose sight of the fact that the condition of jails is not conducive and suitable to the present situation which has arisen due to the sudden rise in

Patna High Court CR. MISC. No.42480 of 2021(2) dt.07-01-2022 3/3 covid cases.

Considering the facts and circumstances, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Chief Judicial Magistrate, Jamui in connection with Jhajha P.S. case No.156/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

(Sudhir Singh, J) Narendra/- U T