Kunnu Yadav @ Anil Yadav @ Anil Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57629 of 2022 Arising Out of PS. Case No.-134 Year-2022 Thana- PALIGANJ District- Patna ====================================================== Kunnu Yadav @ Anil Yadav @ Anil Kumar Son of Rajendra Singh @ Rajendra Yadav R/o- Salempur, P.S.- Kinjar, District - Arwal. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ghanshyam Tiwary, Adv.
For the State :
Mr. Anil Prasad Singh, APP.
For the Informant :
Mr. K.K. Sinha, Adv.
:
Mr. Shashi Shekhar, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 15-02-2023 Learned counsel for the petitioner seeks permission to add about the status of the petitioner in the cases which are pending against him.
Permission granted.
Learned counsel for the petitioner is at liberty to add the said status in paragraph no.3 of the bail application in course of the day.
Let the defect(s), if any, be removed within two weeks from today.
Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant. The petitioner seeks regular bail in connection with Paliganj P.S. Case No. 134 of 2022, lodged under Sections
Patna High Court CR. MISC. No.57629 of 2022(3) dt.15-02-2023 2/3 302/34 of the Indian Penal Code read with Section 27 of Arms Act.
As per prosecution case, the allegation of murder of the informant's brother is there in the F.I.R. against 2 unknown criminals who fired on his brother and fled away by motorbike. During treatment the brother of the informant died. Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R., his name has figured in this case by virtue of confessional statement of the co-accused. He further submits that petitioner is in custody since 04.06.2022 having 2 criminal cases pending against him, in which, he is on bail in both the cases.
Learned counsel for the State opposes the prayer for bail.
Learned counsel for the informant vehemently opposes the prayer for bail.
In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Danapur (Patna) in connection with Paliganj P.S. Case No. 134 of 2022, subject to
Patna High Court CR. MISC. No.57629 of 2022(3) dt.15-02-2023 3/3 the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:
A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.
B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.
C. The petitioner shall file an affidavit at the time of furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.
With this observation, the bail application stands allowed.
(Dr. Anshuman, J.) ritik/- U T