Shambhu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.53669 of 2024 Arising Out of PS. Case No.-148 Year-2024 Thana- OBRA District- Aurangabad ====================================================== Shambhu Yadav Son of Late Rajendra Yadav R/O Vill.- Aranda, P.s.- Obra, Dist.- Aurangabad, Bihar ... ... Petitioner/s
Versus
The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajit Ranjan Kumar, Advocate For the Opposite Party/s :
Mr.Rajiv Nayan, APP For the Informant :
Mr. Abhishek Singh, Advocate Mr. Ashok Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 20-09-2024 Heard Mr. Ajit Ranjan Kumar, the learned counsel for the petitioner, Mr. Rajiv Nayan, the learned Additional Public Prosecutor for the State and Mr. Abhishek Singh, learned counsel for the informant.
2. Petitioner seeks regular bail who is in custody since 11.04.2024, in connection with Obra P.S. Case No. 148 of 2024, FIR dated 10.04.2024, registered for the offences punishable under Sections 341, 323, 342, 307, 354, 504 and 506/34 of the Indian Penal Code.
3. According to the prosecution case, the petitioner along with other accused persons armed with 'lathi', 'danda' and 'sword', assaulted the informant's brother due to which he received head injury. It is also alleged that they also abused and
Patna High Court CR. MISC. No.53669 of 2024(3) dt.20-09-2024 2/3 threatened the informant.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in the present case. Although the petitioner is named in the FIR but there is general and omnibus allegation against all the accused persons including this petitioner. He further submits that there is case and counter case and the police after investigation submitted a charge sheet and the petitioner is in custody since 11.04.2024.
5. The learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner submits that due to the present occurrence, Sanjay Saw has received injury which is grievous in nature.
6. Considering the aforesaid fact that the petitioner has clean antecedent and there is no specific allegation of any assault or any overt act against the petitioner, let the petitioner, above-named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten Thousand only) with two sureties of the like amount each to the satisfaction of the learned SubDivisional Judicial Magistrate, Daudnagar, Aurangabad in connection with Obra P.S. Case No. 148 of 2024, subject to the following conditions:
(i) Petitioner shall co-operate in the trial and shall
Patna High Court CR. MISC. No.53669 of 2024(3) dt.20-09-2024 3/3 be properly represented on each and every date fixed by the learned trial Court and shall remain physically present as directed by the learned trial Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the learned trial Court.
(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.
(iii). And further condition that the learned trial Court 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 learned trial Court 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) Jagdish/- U T