Yogendra Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50496 of 2023 Arising Out of PS. Case No.-47 Year-2023 Thana- EKMA District- Saran ====================================================== Yogendra Rai S/O Late Indradeo Rai R/O Village- Hansrajpur Ke Tola, P.SEkma, Distt.- Saran at Chhapra. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Chandra Mohan Jha For the Opposite Party/s :
Mr. Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 23-08-2023 Heard Ld. counsel for the petitioner and the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Ekma P.S. Case No. 47 of 2023, registered for the offences punishable under Sections 147, 148, 149, 113, 188, 193, 504 and 506 of the Indian Penal Code.
3. The prosecution case as emerging from the FIR is that, 40-50 unknown persons were unlawfully assembled near Ekma block and were trying to create nuisance in the society.
4. Ld. counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that since the motorcycle of the petitioner has peen found near the place of occurrence, he has been roped in the present case on the basis of suspicion. However, he further submits that his son had gone to Block by
Patna High Court CR. MISC. No.50496 of 2023(2) dt.23-08-2023 2/3 motorcycle for some official work and he parked the motorcycle there.
5. It has also been stated in paragraph no. 3 of the bail petition that the petitioner has no criminal antecedents.
6. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one.
7. However, Ld. APP for the State vehemently opposes the prayer of the petitioner for bail.
8. Considering the aforesaid facts and circumstances, this application is allowed, directing the petitioner, abovenamed, to be enlarged on bail in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. A.C.J.M. 1st, Saran at Chapra, in connection with Ekma P.S. Case No. 47 of 2023 subject to the conditions as laid down under Section 438 (2) Cr.P.C. and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, Ld. court
Patna High Court CR. MISC. No.50496 of 2023(2) dt.23-08-2023 3/3 below shall cancel the bail bond of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same. (ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, Ld. court below shall cancel the bail bond of the petitioner.
9. Ld. counsel for the petitioner is directed to remove all the defects, if any, pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections. (Jitendra Kumar, J) ashishkr/- U T