Randhir Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59773 of 2021 Arising Out of PS. Case No.-186 Year-2020 Thana- BARH District- Patna ====================================================== RANDHIR YADAV Son of Sukh Nandan Yadav Resident of VillageBahrawan, P.S.- Barh, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Braj Bhushan Mishra,Adv For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 11-02-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State in virtual Court proceeding. The petitioner seeks bail in connection with Barh P.S.Case No.186 of 2020 registered for the offence under Sections 341,323,307,504 and 34 of the Indian Penal Code. The prosecution allegation, in short, is that due to trivial issue, the accused persons assaulted the informant and others due to which they sustained injuries.

Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. He has falsely been implicated in the present case. He further submits that the

Patna High Court CR. MISC. No.59773 of 2021(2) dt.11-02-2022 2/3 present case is counter blast of Barh P.S.Case No.187 of 2020 filed by the brother of the petitioner. He further submits that it appears from the FIR that there is general and omnibus allegation against all the accused persons. He further submits that the injury found over the person of Sikandra Yadav is simple in nature. He further submits that the brother of the petitioner has also received injury and the petitioner is in custody since 11.08.2021.

Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, 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 learned Additional Chief Judicial Magistrate, Barh, Patna in connection with Barh P.S.Case No.186 of 2020 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/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.59773 of 2021(2) dt.11-02-2022 3/3 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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) Nitesh/- U T