Pradeep Yadav @ Pradeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47748 of 2021 Arising Out of PS. Case No.-11 Year-2021 Thana- NADI District- Supaul ====================================================== PRADEEP YADAV @ PRADEEP KUMAR S/o Chandeshwari Yadav R/o village- Kyota Patti, P.S.- Nadi Thana, District- Supaul ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Murari Narain Chaudhary, Adv For the Opposite Party/s :

Mr.Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 03-02-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State in virtual Court proceeding. The petitioner seeks bail in connection with Supaul Nadi P.S.Case No.11 of 2021/G.R.No.248 of 2021 registered for the offence under Sections 147,148,149,341, 342, 323, 324, 307, 332, 333, 353, 224 and 325 of the Indian Penal Code read with Sections 25(1-b)a,26 and 27 of the Arms Act. The prosecution case, in short, is that the informant along with his patrolling party are said to have been assaulted by the FIR named accused persons including the petitioner by means of butt of country made pistol.

Patna High Court CR. MISC. No.47748 of 2021(2) dt.03-02-2022 2/3 Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in the present case. He further submits that the petitioner was not present at the place of occurrence and he has no concern with the said occurrence but he has been made accused in the present case. He further submits that co-accused, namely, Shailendra Yadav has been granted bail vide order dated 31.01.2022 in Cr. Misc. No.40689 of 2021 by a Coordinate Bench of this Hon'ble Court and the petitioner is in custody since 26.02.2021. Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner and informs this Court that the petitioner carries seven more cases other than the present one.

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul in connection with Supaul Nadi P.S.Case No.11 of 2021/G.R.No.248 of 2021 with the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court

Patna High Court CR. MISC. No.47748 of 2021(2) dt.03-02-2022 3/3 and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) 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.

And, further condition that the court below 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 court below 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) Nitesh/- U T