Ravi Shankar Yadav @ Raja Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35766 of 2022 Arising Out of PS. Case No.-372 Year-2022 Thana- ARA NAGAR District- Bhojpur ====================================================== Ravi Shankar Yadav @ Raja Yadav Son Of Gouri Shankar Yadav, Resident Of Village- Bhalluhipur, P.S.- Town Thana, District- Bhojpur At Ara ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prerna Anand, Advocate For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-09-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Ara Town P.S. Case No. 372 of 2022 lodged under Section 307/34 of the Indian Penal Code read with Section 27 of the Arms Act.

As per the F.I.R., Tilak ceremony of petitioner was solemnized on 26/27.04.2022 in which firing took place and 3 persons were injured. The case has been lodged on the basis of confessional statement of the petitioner Ravi Shankar Yadav itself.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.35766 of 2022(2) dt.19-09-2022 2/3 petitioner is innocent and has committed no offence. He further submits that on the occasion of his Tilak, the petitioner alongwith other friends have started firing of happiness, which is prevalent in the locality. He further submits that petitioner is in custody since 26.04.2022 having one criminal antecedent, in which he is on bail. He further submits that petitioner is ready to fulfill all the conditions whatsoever shall be imposed upon him by the Court. Learned counsel further submits that petitioner undertakes that in future such type of mistake shall not take place. He also submits that arms has not been recovered by the police.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of the case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur in connection with Ara Town P.S. Case No. 372 of 2022, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:

A. The petitioner shall support in trial and shall

Patna High Court CR. MISC. No.35766 of 2022(2) dt.19-09-2022 3/3 appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file an affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ravishankar/- U T