Krishna Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64676 of 2022 Arising Out of PS. Case No.-105 Year-2018 Thana- GOH District- Aurangabad ====================================================== Krishna Yadav Son Of Sokhan Yadav R/V- Dihwa, P.S- Kasma, DistAurangabad (Bihar) ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjit Kumar, Advocate For the Opposite Party/s :

Mr.Shaheen Begum, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 23-03-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 147, 148, 149, 385, 386 and 120B of the Indian Penal Code and Section 25(1B)(a), 26 and 35 of the Arms Act and Section 17 of the C.L.A Act.

As per the prosecution case, on seeing the police, the co-accused persons who are said to be Bhakpa-Maowadi began to flee away while they were assembled for extorting levy from

Patna High Court CR. MISC. No.64676 of 2022(2) dt.23-03-2023 2/3 owners of brick-kilns and contractors. When the police reached there, they caught one extremist (Surya Ram) and on search a country-made pistol, two live cartridges, a mobile phone and Rs. 880/- in cash were recovered. The said apprehended persons also disclosed the name of other co-accused persons. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The other co-accused person has already been granted bail by the Co-ordinate Bench vide order dated 11.01.2020 passed in Cr. Misc. No. 76551 of 2018. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 08.07.2022.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioner, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Daudnagar, Aurangabad in connection with Goh P.S. Case No. 105 of 2018, with the condition :-

1. The petitioner is directed to remain physically

Patna High Court CR. MISC. No.64676 of 2022(2) dt.23-03-2023 3/3 present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T