Pramukh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34023 of 2020 Arising Out of PS. Case No.-26 Year-2020 Thana- SUIYA District- Banka ====================================================== Pramukh Yadav S/o Shankar Yadav Resident of Village-Beharvari, Police Station-Suiya, District-Banka.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Ajay Mukherjee, Advocate For the Informant : Mr. Hriday Narayan Harshit, Advocate For the State :

Mr. J.K. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 22-02-2021 Heard learned counsel for the petitioner and learned APP for the State. Learned counsel for the petitioner has filed an undertaking to remove all defects pointed out by the Stamp Reporter as and when required. It is accordingly directed that all defects pointed out by the Stamp Reporter be removed within one month hereof.

2. The petitioner is in custody since 08.07.2020 in connection with Suiya P.S. Case No. 26 of 2020 for the offences alleged under Sections 302, 120(B)/34 of the Indian Penal Code and Section 27 of the Arms Act.

3. It is submitted that the petitioner has been falsely implicated and except suspicion, there is no objective material to connect the petitioner with the alleged occurrence. The thrust of accusation is against co-accused Kailash Rout who is said to be the main assailant, having fired upon the deceased. Similarly

Patna High Court CR. MISC. No.34023 of 2020(3) dt.22-02-2021 2/2 situated co-accused Ramesh Yadav has been granted bail by this Court in Cr. Misc. No. 27053 of 2020. The petitioner is accused in one prior case of different nature in which he is on bail.

4. Learned APP assisted by learned counsel for the informant appears and has been heard. Learned APP has obtained a copy of the case diary in order to assist this Court, which on request is placed on record.

5. Be that as it may and having regard to the period of custody already suffered since 08.07.2020, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate/Successor Court, Banka, in connection with Suiya P.S. Case No. 26 of 2020, if he is not otherwise required in any other case.

6. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Vikash Jain, J) Ibrar//- U T