Patna High CourtCR. MISC./53606/2023bail granted

Raju Yadav v. The State Of Bihar

2023-08-23Mr. Justice Rajesh Kumar Verma4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53606 of 2023 Arising Out of PS. Case No.-93 Year-2021 Thana- SATHI District- West Champaran ====================================================== RAJU YADAV SON OF LATE CHHEDI YADAV RESIDENT OF VILLAGE - VASANTPUR, P.S. - SATHI, DISTRICT - WEST CHAMPARAN ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Adv.

For the Opposite Party/s :

Mrs. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 23-08-2023

1. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Petitioner, who is in custody since 15.05.2023 seeks bail, in connection with Sathi P.S. Case No.93/2021, dated 23.05.2021, for the offences punishable under Sections 147, 148, 149, 341, 323, 447, 307, 302, 504 of the IPC & Section 27 of the Arms Act.

3. As per the prosecution story, the petitioner and other co-accused persons came at the hut of the informant and started uprooting informant's hut and at that time the petitioner and coaccused were equipped with fire arms and during that course coaccused Manan Yadav fired at Vinod Yadav who sustained firearm injury on his leg and thereafter co-accused Vinod Yadav fired at Amar Yadav who sustained firearm injury on vital part

2/4 of the body and fell down and thereafter other co-accused persons started firing and three persons sustained firearm injury in the occurrence and two of them died.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case. He further submits that from perusal of the F.I.R., it appears that there is specific allegation of firing against co-accused namely Manan Yadav, Vinod Yadav, Munna Yadav and Lal Babu Yadav and there is no accusation of any assault or overt act attributed against the petitioner rather there is general and omnibus allegation against all the accused persons including the petitioner. At best, the petitioner was present at the place of occurrence and it appears that due to admitted land dispute the present occurrence has taken place. He further submits that coaccused, namely, Thag Yadav has been granted bail by a coordinate Bench of this Court vide order dated 05.05.2022 passed in Cr. Misc. No.65319/2021 and the police after investigation submitted the charge sheet against the petitioner and the petitioner is in custody since 15.05.2023.

5. Learned Additional Public Prosecutor for the State on the other hand has vehemently opposed the prayer for bail of the petitioner on the ground that the petitioner has carried three

3/4 criminal antecedent other than the present one but fairly submits on the basis of para-3 of the bail petition that the petitioner is on bail in all the three cases.

6. 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 A.C.J.M.- 3rd, Bettiah, West Champaran in connection with Sathi P.S. Case No.93/2021, subject to 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.

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

4/4 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) amit/- U T