Shankar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35534 of 2020 Arising Out of PS. Case No.-61 Year-2018 Thana- KAJRA District- Lakhisarai ====================================================== SHANKAR YADAV SON OF LATE DAROGI YADAV RESIDENT OF VILLAGE - LAHSORWA, POLICE STATION- PIRI BAZAR, DISTRICTLAKHISARAI. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kumar For the Opposite Party/s :
Mr.A.G.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-01-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.
Heard both parties.
The petitioner seeks bail in Kajra P.S. Case No. 61 of 2018, registered for the offence punishable under Sections 147, 148, 149, 353 and 307 of the Indian Penal Code and section 27 of the Arms Act and section 18, 20 and 23 of the UAP Act. As per prosecution case, on a tip off, informant along with other police officials reached at the place of occurrence and conducted raid. After seeing the police party, miscreants started indiscriminate firing and in retaliation police party also started
Patna High Court CR. MISC. No.35534 of 2020(3) dt.12-01-2021 2/3 firing. From the place of occurrence, huge quantity of arms and ammunitions and other materials were recovered. It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case. There is general and omnibus allegation. No incriminating article has been recovered from possession of this petitioner. Other coaccused has been granted regular bail by a coordinate Bench of this court vide order dated 05.09.2019 passed in Cr. Misc. No. 56394 of 2019. Petitioner is in custody since 10.08.2019. Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs.
10,000 (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Lakhisarai in connection with Kajra P.S. Case No. 61 of 2018, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.
(ii) If the petitioner tampers with the evidence or the
Patna High Court CR. MISC. No.35534 of 2020(3) dt.12-01-2021 3/3 witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T