Ajeet Yadav @ Gautam Yadav @ Bhothan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.64832 of 2021 Arising Out of PS. Case No.-196 Year-2021 Thana- JAMUI District- Jamui ====================================================== Ajeet Yadav @ Gautam Yadav @ Bhothan Yadav, Son of Chhotan Yadav, Resident of Village - Shivsona, P.S.- Halsi, District - Lakhisarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Kumar, Adv.
For the Opposite Party/s :
Mr.Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 06-05-2022 Learned counsel for the petitioner undertakes to remove all the defects as pointed out by office within two weeks after start of normal functioning of the Court. Heard learned counsel for the petitioner and Mr. Md. Sufyan, learned A.P.P. for the State.
Petitioner in the present case is seeking regular bail in connection with Jamui P.S. Case No.196 of 2021 registered for the offences punishable under Sections 341, 323, 147, 148, 149, 337, 338, 307, 188, 504, 506 and 353 of the Indian Penal Code. He is in custody since 13.08.2021. The petitioner has got one criminal antecedent.
Learned counsel for the petitioner submits that from the FIR itself it would appears that the allegation of abuse,
Patna High Court CR. MISC. No.64832 of 2021(2) dt.06-05-2022 2/3 threat and coercing the police personnel and then throwing bricks and stones upon them have been made against 13 named and 150-200 unknown male and female members of the village. The allegation is that when the police party of Jamui police station wanted to seize the two tractors which were parked in village Shivsona falling under Halsi police station, the villagers indulged in such act causing hindrance in discharge of the duties by police personnel. It is submitted that the FIR has been lodged by sub-inspector of police, officer in-charge of Jamui police station who claims to have entered within the area of another police station but without informing the jurisdictional police station. The alleged occurrence is said to have taken place inside the village by several unknown persons and the petitioner has only been named because he happens to be well known person of the village. There is no specific allegation against him, still he has remained in custody for about nine months and investigation against him is complete.
On the other hand, learned APP for the State has opposed the prayer for regular bail of the petitioner submitting that the petitioner is one of the named accused in the FIR. Having regard to the submissions noted hereinabove and on finding that there is no specific allegation against the
Patna High Court CR. MISC. No.64832 of 2021(2) dt.06-05-2022 3/3 petitioner, he has not been attributed with any arm or deadly weapon and having one criminal antecedent the petitioner has remained in custody for about nine months, this Court directs that the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui in connection with Jamui P.S. Case No.196 of 2021, subject to the condition as laid down under Section 437 (3) Cr.P.C.
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. (Rajeev Ranjan Prasad, J) arvind/- U T Note: The ordersheet duly signed has been attached with the record. However, in view of the present arrangements, during Pandemic period all concerned shall act on the basis of the copy of the order uploaded on the High Court website under the heading 'Judicial Orders Passed During The Pandemic Period'.