Munna Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43610 of 2021 Arising Out of PS. Case No.-127 Year-2020 Thana- JAGDISHPUR District- Bhojpur ====================================================== MUNNA YADAV S/o Rajaram Yadav Naval Kishore Singh R/o VillageBarki Hardiya, P.S.- Jagdishpur, District- Bhojpur. ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr.Md. Anbzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 13-12-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Let the defects, as pointed out by the office, be removed within four weeks of start of normal functioning of the physical court.

Petitioner seeks bail in connection with Jagdishpur P.S. Case No. 127 of 2020 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 504, 307, 302 of the IPC.

The father of the informant is said to have been

2/4 assaulted at the hands of accused persons. The informant has also been assaulted by the petitioner and other accused causing injuries on his head. The father of the informant having sustained injuries died.

Learned counsel for the petitioner submits that petitioner has clean antecedent and has committed no offence and he has falsely been implicated in the present case. He further submits that it appears from the FIR itself that the present case has been lodged against nine accused persons and there is no eye witness of the occurrence. He further submits that co-accused, namely, Pramod Yadav, Jitendra Yadav and Praveen Kumar Yadav have been granted privilege of anticipatory bail by a co-ordinate Bench of this court vide order dated 26.03.2021 passed in Cr. Misc. No. 35975 of 2020. It is further submitted that co-accused Binod Yadav @ Binod Singh has been granted bail by a co-ordinate Bench of this court vide order dated 09.12.2021 passed in Cr. Misc. No. 38325 of 2021. Petitioner is in custody since 16.03.2021.

The learned Additional Public Prosecutor opposed the prayer of bail.

Considering the aforesaid facts and circumstances as well as period of custody, let the petitioner, above named, be

3/4 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 the learned Additional Chief Judicial Magistrate11th, Bhojpur at Ara in connection with Jagdishpur P.S. Case No. 127 of 2020, subject to the following conditions:-

1. Petitioner 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 on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled 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.

3. 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

4/4 shall not be delayed for purpose of or in the name of verification.

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