Prakash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51892 of 2021 Arising Out of PS. Case No.-72 Year-2017 Thana- BELHAR District- Banka ====================================================== PRAKASH YADAV Son of Late Rajendra Yadav Resident of VillageDhawana, Mokam Banjama, P.S.- Jhajha, District- Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar, Adv For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 05-01-2022 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 Belhar P.S.Case No.72 of 2017 registered for the offence under Sections 147,148,149,323,387,379,504 of the Indian Penal Code.

Prosecution case, in short, is that on protest, coaccused-Ashok Yadav assaulted the informant with the Butt of his Gun. During the assault, the petitioner and co-accused-Man Singh Yadav snatched away a golden chain from the neck of the informant and co-accused-Ashok Yadav snatched away a

Patna High Court CR. MISC. No.51892 of 2021(2) dt.05-01-2022 2/3 Samsung mobile from Madan Pandit. It is also alleged that the said accused persons threatened the informant and his staff that they would be killed if they did not fulfill the extortion demand. Learned counsel appearing for the petitioner submits that the petitioner has falsely been implicated in the present case. He further submits that it appears from the FIR itself that the basic allegation of snatching golden chain by co-accusedMan Singh Yadav @ Narshingh Yadav and the petitioner. He further submits that co-accused, namely, Man Singh Yadav @ Narshingh Yadav has been granted bail vide order dated 26.09.2018 in Cr. Misc. No.49179 of 2018 by a Coordinate Bench of this Court.

He further submits that another coaccused, namely, Ashok Yadav has also been granted bail vide order dated 03.10.2018 in Cr. Misc. No. 50558 of 2018 by the same Hon'ble Bench. Petitioner is in custody since 17.02.2021. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries two 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 A.C.J.M.-III,

Patna High Court CR. MISC. No.51892 of 2021(2) dt.05-01-2022 3/3 Banka in connection with Belhar P.S.Case No.72 of 2017 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 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