Panchdeo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49760 of 2022 Arising Out of PS. Case No.-41 Year-2022 Thana- SONO District- Jamui ====================================================== PANCHDEO YADAV S/o Khiru Yadav R/o village- Thamhan, P.S.- Sono (Charkapathar), District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 13-12-2022 Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today and a hard copy of the original main petition be filed within the aforesaid period.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Sono (Charkapathar) P.S. Case No. 41 of 2022 registered for the offence punishable under Sections 147, 148, 149, 341, 342, 323, 324, 325, 326, 447, 307, 302, 504, 506 and 354 of the Indian Penal Code and 27 of Arms Act.

The petitioner is alleged to be one of the persons assaulted the prosecution party.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.49760 of 2022(2) dt.13-12-2022 2/3 petitioner who is an old persons is rotting in jail custody since 03.02.2022. There is no specific allegation against the petitioner and he has falsely been implicated in this case due to old enmity between the parties. The allegations are general and omnibus. The petitioner has no criminal antecedent and similarly situated co-accused Sonman Yadav and Ravindra Yadav have been granted bail by a Co-ordinate Bench of this Court vide order dated 02.09.2022 passed in Cr. Misc. No. 33360 of 2022. In the facts and circumstances of the case as also the period of custody and nature of allegation, the Court is inclined to grant bail to the petitioner. Let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of the Sri Pranav Kumar, Judicial Magistrate-1st Class, Jamui/successor Court in connection with Sono (Charkapathar) P.S. Case No. 41 of 2022 with the following conditions:-

(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.

Patna High Court CR. MISC. No.49760 of 2022(2) dt.13-12-2022 3/3

(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.

(Sunil Dutta Mishra, J) saurabhkr/- U T