Vinesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39331 of 2024 Arising Out of PS. Case No.-138 Year-2023 Thana- CHIRAIYA District- East Champaran ====================================================== Vinesh Yadav Son of Late Sukadar Rai @ Late Subadar Rai @ Sukdeo Rai, R/o Village -Saraugarh, PS- Chiraiya, District- East Champaran. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Sunil Kumar No. III, Advocate For the Opposite Party :

Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 18-09-2024 Heard Mr. Sunil Kumar No. III, the learned counsel for the petitioner and Mr. Rana Randhir Singh, the learned Additional Public Prosecutor for the State.

2.

Petitioner seeks regular bail who is in custody since 01.12.2023, in connection with Chiraiya P.S. Case No. 138 of 2023, FIR dated 26.03.2023, registered for the offences punishable under Sections 302 read with Section 34 of the Indian Penal Code.

3.

According to the prosecution case, on 26.03.2023, the informant received information that all the FIR named accused persons including the petitioner, who are pattidar of sasural family of informant's daughter, have committed murder of informant's daughter.

4.

Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been

Patna High Court CR. MISC. No.39331 of 2024(4) dt.18-09-2024 2/3 implicated in the present case and the allegation levelled in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. He further submits that informant is not the eyewitness to the alleged occurrence and from bare perusal of the FIR, it appears that informant has implicated all the family members of the petitioner in the present occurrence and all the co-accused persons in the present FIR are own brothers of the petitioner. He further submits that except suspicion, no other cogent material has come during investitation which suggests the involvement of the petitioner in the present occurrence. He lastly submits that the police after investigation has submitted the charge sheet against the petitioner and the petitioner is in custody since 01.12.2023. 5.

The learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner.

6.

Considering the aforesaid facts and circumstances and mainly the facts that petitioner has clean antecedent and there is no specific allegation levelled against the petitioner in the present FIR, let the petitioner, above-named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten Thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Sikrahna

Patna High Court CR. MISC. No.39331 of 2024(4) dt.18-09-2024 3/3 at Dhaka, East Champaran, in connection with Chiraiya P.S. Case No. 138 of 2023, subject to the following conditions: (i). Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the learned trial Court and shall remain physically present as directed by the learned trial Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the learned trial Court.

(ii). 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.

(iii). And further condition that the learned trial Court 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 learned trial Court 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) Shahnawaz/- U T