Vikash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36705 of 2022 Arising Out of PS. Case No.-91 Year-2022 Thana- KRITYANAND NAGAR District- Purnia ====================================================== Vikash Yadav Son of Shri Parmanand Yadav Resident of Village-Singhiya, Police Station-K. Nagar, District-Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suresh Kumar, Adv.

For the Opposite Party/s :

Mr. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 21-09-2022 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 K. Nagar (Champanagar) P.S. Case No. 91 of 2022 lodged under Sections 307, 34 of the I.P.C. read with Section 27 of Arms Act. As per the prosecution case, the allegation against the named accused to assault the informant and initially case was lodged under Section 307 but subsequently, Section 302 has been added.

Learned counsel for the petitioner submits that F.I.R. has been lodged against one known person that is Sanjeev Yadav. The name of petitioner has figured later on, on the

Patna High Court CR. MISC. No.36705 of 2022(2) dt.21-09-2022 2/3 confessional statement of co-accused. Learned counsel for the petitioner submits that he is innocent. There was one criminal case pending against him but in the said case, he was already acquitted. He is in custody since 26.03.2022, charge sheet has already been filed in this case.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this 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, Purnea in connection with K. Nagar (Champanagar) P.S. Case No. 91 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 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 affidavit before the court about his relationship with the

Patna High Court CR. MISC. No.36705 of 2022(2) dt.21-09-2022 3/3 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) sadique/- U T