Shatrudhan Kumar Yadav @ Shatrudhan Yadav @ Baba v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37844 of 2022 Arising Out of PS. Case No.-336 Year-2020 Thana- BENIPATTI District- Madhubani ====================================================== Shatrudhan Kumar Yadav @ Shatrudhan Yadav @ Baba Son of Vindeshwar Yadav Resident of Village - Chhapradhi, P.S. - Khajauli, District - Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravindra Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-09-2022 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 through virtual mode.

The petitioner seeks regular bail in connection with Benipatti P.S. Case No. 336 of 2020 lodged under Sections 448, 341, 323, 452, 307, 34 of the I.P.C. read with Section 27 of the Arms Act.

As per the prosecution case, the allegation against 3 unknown persons is to make gun shot and commit crime with the informant.

Learned counsel for the petitioner submits that the name of petitioner is not there in the F.I.R. nor he has apprehended from the place of occurrence. He submits that his

Patna High Court CR. MISC. No.37844 of 2022(2) dt.30-09-2022 2/3 name has figured in this case by virtue of confessional statement of the co-accused who has been granted bail by the Co-ordinate Bench of this Court vide order dated 13.06.2022 passed in Cr. Misc. No. 6114 of 2022. On the point of his antecedent, learned counsel for the petitioner submits that there are 3 criminal cases pending against the petitioner and he is on bail in all the cases. 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 A.C.J.M-1, Benipatti in connection with Benipatti P.S. Case No. 336 of 2020, 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

Patna High Court CR. MISC. No.37844 of 2022(2) dt.30-09-2022 3/3 file 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.) sadique/- U T