Ram Sevak Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45095 of 2022 Arising Out of PS. Case No.-42 Year-2022 Thana- SAKRI District- Madhubani ====================================================== RAM SEVAK YADAV SON OF RAMADHIN YADAV R/O VILLAGEBHAGWATIPUR, P.S.- RUDRAPUR, DIST.- MADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivnandan Bharti For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 07-12-2022 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 Sakri P.S. Case No. 42 of 2022 arising out of G.R. No 286 of 2022 registered for the offences punishable under Sections 419 and 420 of the Indian Penal Code and Section 10 of the Bihar Conduct of Examination Act 1981.

As per prosecution case, co-accused Raushan Kumar was appearing at the examination in the place of Ram Sevak Yadav (present petitioner).

Learned counsel for the petitioner submits that petitioner is in custody since 23.05.2022 and bears no criminal

Patna High Court CR. MISC. No.45095 of 2022(2) dt.07-12-2022 2/3 antecedent. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. He further submits that petitioner is quite innocent and falsely implicated in the case.

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, period of custody, keeping in view clean antecedent of petitioner, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides 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. Madhubani in connection with Sakri P.S. Case No. 42 of 2022, 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

Patna High Court CR. MISC. No.45095 of 2022(2) dt.07-12-2022 3/3 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.

(iv) If the petitioner is found involved in similar nature of offences in future, the learned trial court shall be at liberty to cancel his bail bond.

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