Prahalad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30042 of 2020 Arising Out of PS. Case No.-226 Year-2018 Thana- KAUWAKOL District- Nawada ====================================================== PRAHALAD YADAV S/o Late Bhattu Yadav Resident of Village, P.S.-Rupo, District-Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Man Mohan Kumar For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-01-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard both parties.

The petitioner seeks bail in Kawakole P.S. Case No. 226 of 2018, registered for the offence punishable under Sections 147, 148, 149 and 302 of the Indian Penal Code and section 27 of the Arms Act.

Earlier prayer for bail of the petitioner was rejected vide order dated 28.02.2020. This is second attempt. Counsel for petitioner submitted that charges have been duly framed on 20.03.2020. There is general and omnibus allegation of indiscriminate firing and subsequently one similarly situated co-accused has been granted bail by this court

Patna High Court CR. MISC. No.30042 of 2020(4) dt.12-01-2021 2/2 vide order dated 29.02.2020 passed in Cr. Misc. No. 12430 of 2020. Petitioner is in custody since 17.07.2019. Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged 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 Magistrate I, Nawada in connection with Kawakole P.S. Case No. 226 of 2018, subject to following conditions:- (i) The 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 in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T