Munna Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6310 of 2021 Arising Out of PS. Case No.-161 Year-2020 Thana- BENIPATTI District- Madhubani ====================================================== MUNNA YADAV SON OF LATE SOGARATH YADAV RESIDENT OF VILLAGE- SOHRAUL P.S- BENIPATTI DISTRICT- MADHUBANI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Murari Narain Chaudhary For the Opposite Party/s :

Mr. Bishweshwar Ram ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-06-2021 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State, through Video Conferencing.

The petitioner seeks regular bail in connection with Benipatti Police Station Case No. 161 of 2020, registered for the offence punishable under Sections 147/148/149/323/307/332/ 333/353/427/504 of the Indian Penal Code.

The prosecution case, as per the First Information Report, is that on 01.07.2020, the police received information from one Om Prakash Sah that he, along with his family members, has been made captive by the accused persons in village Sohraul, where the said Om Prakash Sah had gone in the marriage of his brother. It has further been alleged that when the police party went to the place of occurrence in order to secure

Patna High Court CR. MISC. No.6310 of 2021(3) dt.25-06-2021 2/3 the safe release of the persons who were made captive by the accused persons, some accused persons assaulted the police party, due to which two police personnel received injuries and the name of the petitioner was disclosed to the police party by the village chowkidar.

Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case merely because he happens to be the co-villager of the side of the bride. He further submits that there is general and omnibus allegation against all the accused persons and the petitioner was not arrested on the spot and one Pramod Sah, who was arrested on the spot, was granted bail by co-ordinate Bench of this Court, vide order, dated 05.04.2021, passed in Criminal Misc. No. 5051 of 2021. He next submits that the petitioner is in custody since 03.09.2020 and charge sheet has been submitted against the petitioner, as such, there is no likelihood of the petitioner being abscond or tamper with the evidence.

Having heard learned Counsel for the parties and taking into consideration the materials on record and the fact that similarly situated co-accused person has been granted bail by this Court, the petitioner is in custody since 03.09.2020, and charge sheet has been submitted against him, I am inclined to

Patna High Court CR. MISC. No.6310 of 2021(3) dt.25-06-2021 3/3 grant regular bail to the petitioner.

This application is allowed.

Accordingly, let the petitioner, above named, be released on bail, upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount to the satisfaction of learned 1st Additional Chief Judicial Magistrate, Benipatti, Madhubani, in connection with Benipatti Police Station Case No. 161 of 2020, subject to the following conditions:

(1) The petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, 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.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √