Jaikaran Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33414 of 2022 Arising Out of PS. Case No.-62 Year-2021 Thana- MOUZAHIDPUR District- Bhagalpur ====================================================== JAIKARAN YADAV S/o Raghu Yadav R/o village- Manikpur, P.S.- Babarganj, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajive Ranjan Singh, Adv.

For the Opposite Party/s :

Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 21-09-2022 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Sections 385 and 387 of the Indian Penal Code and Section 25(1-b)a, 26, 35 and 27 of the Arms Act. According to the prosecution, the petitioner has demanded ransom and on non-fulfillment of his demand, he along with his companion have damaged the boundary wall and to spread threat.

Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case merely on the basis of suspicion. He further submits that neither the petitioner has been arrested

Patna High Court CR. MISC. No.33414 of 2022(2) dt.21-09-2022 2/3 from the spot nor anything incriminating as alleged in the F.I.R. has been recovered from his conscious possession. He further submits that on the basis of secret information received to the police, name of this petitioner has transpired in this case. He further submits that during course of investigation, no cogent material has found against the petitioner. He further submits that the police after investigation has submitted charge-sheet in this case against the petitioner. The petitioner is rotting in judicial custody since 06.04.2021.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries two more cases other than the present one. Considering the facts and circumstances of the case, let the, above named, petitioner 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 learned Court below where the case is pending in connection with Mojahidpur (Babarganj) P.S. Case No. 62 of 2021 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the

Patna High Court CR. MISC. No.33414 of 2022(2) dt.21-09-2022 3/3 Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be canceled by the Court below.

(2) If the petitioner tampers 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 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.

(Rajesh Kumar Verma, J) brajesh/- U T