Gohal Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65594 of 2024 Arising Out of PS. Case No.-157 Year-2022 Thana- MANSI District- Khagaria ====================================================== Gohal yadav Son of Hafo Yadav Resident of Village - Saidpur, P.S. - Mansi, District - Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vivekanand Singh, Adv.
For the Opposite Party/s :
Mr.Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-10-2024 Heard Learned Counsel for the petitioner and Learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Mansi P.S. Case No.157 of 2022 (supplementary) lodged dated 08.05.2022 under Sections 341, 326, 307, 379, 385, 504/34 of the I.P.C. read with Section 27 of the Arms Act.
3. As per the prosecution case, the F.I.R. has been lodged against five named accused persons including the petitioner against whom there is allegation of demand of ransom amount of Rs.50,000/- from the informant and due to nonfulfillment of the demand, they had fired on the back of the informant's son due to which he injured.
4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits
Patna High Court CR. MISC. No.65594 of 2024(2) dt.05-10-2024 2/3 that the petitioner has been falsely implicated in this case due to village politics at the instance of their enemy.
5. Learned Counsel further submits that petitioner's antecedent is not clean. There are 10 criminal cases pending against him in which he has been acquitted in some cases and in some cases, he is on bail. He submits that petitioner is in custody since 15.09.2023.
6. Learned Counsel for the State opposes the prayer for bail and submits that there is specific allegation against the petitioner that he has make gun shot on the back of the informant's son and there are 10 criminal cases pending against him. Therefore, this aspect may be taken into consideration.
7. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail, but 4 months after framing of charge, if not framed as well as on being satisfied by the Trial Court that the petitioner is not absconding in any of the cases which are pending against him whose details are mentioned below, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Mansi P.S. Case No.157 of 2022 (supplementary), subject to the
Patna High Court CR. MISC. No.65594 of 2024(2) dt.05-10-2024 3/3 following conditions as laid down under Section 437(3) of Cr.P.C.
8. The details of the cases which are pending against the petitioner, are as follows:- i. Mansi P.S. Case No.20 of 2021.
ii. Mansi P.S. Case No.48 of 2021.
iii. Mansi P.S. Case No.153 of 2021.
iv. Mansi P.S. Case no.143 of 2017.
v. Mansi P.S. Case No.140 of 2018.
vi. Mansi P.S. Case No.05 of 2021.
vii. Mansi P.S. Case No. 227 of 2022.
viii. Khagaria P.S. Case No.928 of 2023.
(Dr. Anshuman, J.) Prakashmani/- U T