Arun Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14353 of 2023 Arising Out of PS. Case No.-63 Year-2022 Thana- KHAGARIA District- Khagaria ====================================================== Ranvir Yadav @ Ranjit Yadav Son Of Praduman Yadav @ Pradip Yadav @ Praduman Yadav R/O Vill.- Kumar Chakki, P.S.- Muffasil, Distt.- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukesh Kumar, Advocate For the Opposite Party/s :
Ms. Pushpa Sinha.1, APP For the Informant :
Mr. Rajesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 27-03-2023 Heard learned counsel for the petitioner; learned Additional Public Prosecutor for the State and learned counsel for the Informant.
Petitioner seeks bail in a case registered for the offences punishable under Sections 341, 323, 307, 504/34 of the Indian Penal Code and under Sections 25(1-b)a, 26 and 35 of Arms Act.
According to prosecution case, the petitioner along with other accused persons hurdled abuses to the informant and upon objection one co-accused, namely, Arun Yadav fired upon the brother of the informant causing bullet injury in his hand and the petitioner along with other co-accused tried to flee away but one co-accused, namely, Arun Yadav was apprehended
Patna High Court CR. MISC. No.14353 of 2023(2) dt.27-03-2023 2/3 on the spot, and the present petitioner has been arrested merely on the basis of suspicion and family grudge. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that it appears from the F.I.R and seizure list that nothing has been recovered form the conscious possession of the petitioner and so no case is made out under the Arms Act and the petitioner was arrested along with other co-accused persons. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 15.11.2022.
The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner on the ground that petitioner carries four criminal antecedent other than the present one and he is on bail in all the cases. Considering the aforesaid facts and circumstances, 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 Court below where the case is pending in connection with Khagaria (Muffasil) P.S. Case No.
Patna High Court CR. MISC. No.14353 of 2023(2) dt.27-03-2023 3/3
1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
2. 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.
3. 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 step 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.
(Rajesh Kumar Verma, J) Alok Verma/ adityaU T