Sanjay Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56112 of 2021 Arising Out of PS. Case No.-36 Year-2021 Thana- BELAGANJ District- Gaya ====================================================== Sanjay Yadav S/O Tulsi Yadav R/O Village- Vikram Bigha, P.S.- Belaganj, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manish Kumar No-2 For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 01-04-2022 Let the defects, if any, be removed within four weeks from today.

Heard learned counsel for the petitioner as well as learned Additional Public prosecutor for the State through video conferencing.

Petitioner seeks bail in a case registered in connection with Belaganj P.S.Case No. 36 of 2021 for the offences punishable under Sections 447, 341, 323, 354, 379, 307,506 and 34 of the Indian Penal Code.

As per prosecution case, on the alleged date of occurrence while the informant and their family members getting their land measured, all the F.I.R named accused persons armed with rod assaulted the informant's son on the head and when the informant came to rescue him, she was also assaulted

Patna High Court CR. MISC. No.56112 of 2021(2) dt.01-04-2022 2/3 on her hand.

Learned counsel for the petitioner submits that occurrence have taken place on 25.01.2021 but the F.I.R has been registered on 28.01.2021. There is general and omnibus allegation against the petitioner. The injury sustained by the informant and his son are simple in nature. Petitioner is in custody since 16.04.2021 and the charge sheet has already been submitted. There is no chance of his absconding and tempering with the evidence.

The learned A.P.P opposed the prayer for bail of the petitioner and submitted that there is allegation of assault against the petitioner.

Having heard the rival contentions of the parties and taking into consideration the nature of injury and period of custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 20,000/0- ( Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-II, Gaya in connection with Belaganj P.S.Case No.36 of 2021, on the following conditions:- "(i) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court

Patna High Court CR. MISC. No.56112 of 2021(2) dt.01-04-2022 3/3 below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(ii) 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"

(Harish Kumar, J) N.K/- U T