Rajnarayan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45465 of 2022 Arising Out of PS. Case No.-287 Year-2021 Thana- PHULPARAS District- Madhubani ====================================================== Rajnarayan Yadav, Son of Late Bauan Yadav @ Vauan Yadav, R/O VillageSimra, P.S.- Phulparas, Distt.- West Champaran ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Rajendra Kumar Jain, Advocate For the Opposite Party/s :

Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 10-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in the present case has renewed his prayer for regular bail in connection with Phulparas P.S. Case No. 287 of 2021 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 379, 354(B), 427, 504 & 506 of the Indian Penal Code. He is in custody since 24.07.2021 in connection with this case. He has four criminal antecedents.

Earlier, the petitioner had moved this Court in Cr. Misc. No. 66372 of 2021 but the same was permitted to be withdrawn with liberty to file a fresh application giving complete criminal antecedent of the petitioner.

Learned counsel for the petitioner submits that there is a case and counter case between the parties and the co-accused similarly situated has already been granted bail by a learned Coordinate Bench of this Court in Cr. Misc. No. 62567 of 2022.

Patna High Court CR. MISC. No.45465 of 2022(2) dt.10-05-2023 2/2 Learned APP for the State has opposed the prayer for bail of the petitioner.

Having regard to the facts and circumstances of the case, there being a case and counter case between the parties, the petitioner is in custody since 24.07.2021 and the co-accused similarly situated has already been granted bail in Cr. Misc. No. 62567 of 2022, this Court directs that the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 1st, Jhanjharpur, Madhubani in connection with Phulparas P.S. Case No. 287 of 2021, subject to the condition as laid down under Section 437 (3) Cr.P.C. 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 steps 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.

This application stands allowed.

(Rajeev Ranjan Prasad, J) SUSHMA2/- U T