Sudhir Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1850 of 2021 Arising Out of PS. Case No.-157 Year-2019 Thana- KAUWAKOL District- Nawada ====================================================== 1.

Sudhir Yadav Son of Rajo Yadav Resident of Village - Nawadih, P.S.- Kawakol (Rupao), Dist. - Nawada 2.

Manoj Yadav Son of Kuldeep Yadav Resident of Village - Nawadih, P.S.- Kawakol (Rupao), Dist. - Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Kumar For the Opposite Party/s :

Mr. Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-03-2021 Heard learned counsel for the parties.

The petitioner seeks bail in Kawakole (Rupao) P.S. Case No. 157 of 2019, registered for the offence under Section 307 & other allied sections of Indian Penal Code. As per the prosecution case, petitioners alongwith 22 known and 40-50 unknown persons are accused of pelting stones on the police and causing injuries.

It is submitted on behalf of petitioners that there is no specific allegation of overt act against these petitioners and same is general and omnibus. It is further submitted that petitioners are only alleged to be members of the mob, which pelted brickbats on the police and others resulting in several injuries. The injuries are simple in nature. One similarly situated co-accused namely Ranjit Yadav has already been granted bail

Patna High Court CR. MISC. No.1850 of 2021(2) dt.08-03-2021 2/2 by this Court, vide order dated 08.02.2021 passed in Cr.Misc. No. 37612 of 2020. Petitioners are in custody since 24.06.2020. Chargesheet has already been submitted.

Considering the aforesaid facts and circumstances as well as nature of accusation, let the above named petitioners be released on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Nawada in connection with Kawakole (Rupao) P.S. Case No. 157 of 2019, on the following conditions:

"(1) Petitioners shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on their absence on two consecutive dates without sufficient reason, their bail-bond shall be cancelled by the court below.

(2) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."

(Prabhat Kumar Singh, J.) anay U T