Ranveer Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42977 of 2022 Arising Out of PS. Case No.-127 Year-2019 Thana- PASRAHA District- Khagaria ====================================================== RANVEER YADAV S/O AWADHI YADAV Resident of village- Basua, P.S.- Pasraha, District- Khagaria.

... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Santosh Kumar Singh For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 22-11-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Pasraha (Supplementary) P.S. Case No. 127 of 2019 registered for the offences punishable under Sections 147, 148, 149, 160, 302, 307, 326, 386 of the Indian Penal Code and under Section 27(i) of the Arms Act.

As per prosecution case, allegation against the petitioner is that he alongwith others had fired being a member of group in a gun battle between two groups resulting in the death of one persons and injury to another.

Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.42977 of 2022(2) dt.22-11-2022 2/3 petitioner is in custody since 25.05.2022. Petitioner bears two criminal antecedents in which he is on bail. Charge-sheet has already been submitted and there is no likelihood of tampering with the prosecution evidence. Learned counsel further submits that the informant is not eye witness of the occurrence. During the course of investigation victim Sujit Kumar has stated that co-accused Sugan Yadav fired with rifle upon Sadanand Kumar (deceased) due to which Sadanand Kumar died and co-accused Rakesh Yadav made firing with rifle on him upon which he (victim Sujit Kumar) sustained injury. Learned counsel further submits that co-accused Narad Yadav, co-accused Pappu Yadav and co-accused Bablu Yadav have already been granted bail vide Cr. Misc. No. 21675 of 2020, Cr. Misc. No. 32985 of 2020 and Cr. Misc. No. 69341 of 2021 respectively by the co-ordinate bench of this court and the case of present petitioner stands on similar footing.

The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner. Considering the facts and circumstances of the case as well as period of custody, charge-sheet has already been submitted and there is no likelihood of tampering with the prosecution evidence, co-accused persons have already been

Patna High Court CR. MISC. No.42977 of 2022(2) dt.22-11-2022 3/3 granted bail by different co-ordinate benches, argument advanced on behalf of the parties and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Khagaria in connection with Pasraha (Supplementary) P.S. Case No. 127 of 2019, subject to following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission would be a ground for cancellation of bail by the learned Trial court itself. (iii) 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.

(Alok Kumar Pandey, J) amitkr/- U T