Motin @ Ajeet Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
(FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.69440 of 2021 Arising Out of PS. Case No.-2 Year-2020 Thana- MANPUR District- Nalanda ====================================================== Motin @ Ajeet Yadav, Son of Sri Rambriksh Yadav, Resident of Village - Magduane, P.S.- Manpur, Distt.- Nalanda.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Ritesh Kumar, Advocate For the Opposite Party/s :
Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 12-01-2022 Heard learned counsel for the petitioner and Md. Fahimuddin, learned A.P.P. for the State.
Petitioner, in the present case, has filed this fresh application for his release on bail in connection with Manpur P.S. Case No. 2 of 2020 registered for the offence under Sections 457/307/302/34 of the Indian Penal Code and Section 27 of the Arms Act.
Learned counsel for the petitioner submits that petitioner was earlier granted bail vide order dated 22.06.2021 passed in Cr. Misc. No. 14539/2021 but because of the condition prescribed therein when it was found that petitioner had not disclosed his four criminal antecedents, his bail bond was not accepted by the learned court below.
Patna High Court CR. MISC. No.69440 of 2021(2) dt.12-01-2022 2/3 It is submitted that the petitioner had filed a modification application which was later on withdrawn with a liberty to file a fresh application, accordingly this application has been filed.
Submission is that petitioner is on bail in all the four cases stated in paragraph '3' of the present application and for mis-statement in this case he has already suffered almost seven months of further custody.
Learned A.P.P. for the State has though opposed the prayer for bail of the petitioner, considering the facts and circumstances of the case, the reasons already provided in the order dated 22.06.2021 and that the petitioner is on bail in all the four cases stated in paragraph '3' of the present application and has further remained in incarceration for about seven months after grant of order of release in the earlier case, this court directs release of the petitioner above named on bail on furnishing of 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, Nalanda at Biharsharif in connection with Manpur P.S. Case No. 2 of 2020, subject to the condition as laid down under Section 437 (3) Cr.P.C.
Patna High Court CR. MISC. No.69440 of 2021(2) dt.12-01-2022 3/3 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 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) Rajeev/- 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'.