Raju Yadav Alias Raju Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39210 of 2020 Arising Out of PS. Case No.-46 Year-2020 Thana- MUFFASIL District- Aurangabad ====================================================== Raju Yadav alias Raju Kumar, S/O Late Ram Jatan Yadav, Resident Of Village - Bisaini, P.S. - Aurangabad (Muffasil), District - Aurangabad (BIHAR) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Prasad Singh, Sr. Advocate Mr.Bhaskar Shankar, Advocate For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 08-02-2021 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Aurangabad (Muffasil) P.S. Case No.46 of 2020 for the offence punishable under Sections 307, 379, 341, 325, 323, 504, 506, 147, 149 of the Indian Penal Code.

There is an allegation of assault by other co-accused persons upon the family members of the informant. The petitioner is alleged to be a member of the mob. Mr. Krishna Prasad Singh, learned Senior Counsel appearing for the petitioner submits that there was a scuffle between the parties, leading to lodging of the two cases. Counter version is Aurangabad (Muffasil) P.S. Case No.45 of 2020 by

Patna High Court CR. MISC. No.39210 of 2020(2) dt.08-02-2021 2/3 the wife of co-accused Vishwanath Sao. Petitioner is on bail in Aurangabad (Muffasil) P.S. Case No.89 of 2020 pending against him since before. He is in custody in connection with this case since 25.08.2020, though there is no overt allegation against the petitioner even as per the prosecution version. Learned APP for the State has opposed the prayer for bail.

Considering the rival submissions, this Court is inclined to allow the petitioner's prayer for bail. Accordingly, 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 the learned C.J.M., Aurangabad, in connection with Aurangabad (Muffasil) P.S. Case No.46 of 2020, subject to the following conditions:

(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner.

The bailor will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his

Patna High Court CR. MISC. No.39210 of 2020(2) dt.08-02-2021 3/3 bail bond will be liable to be cancelled.

This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T