Deepak Yadav @ Deepak Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.70221 of 2021 Arising Out of PS. Case No.-196 Year-2021 Thana- AMAS District- Gaya ====================================================== DEEPAK YADAV @ DEEPAK KUMAR YADAV Son of Gopi Yadav Resident of Village- Shamsher Khap, P.S.- Amas, District- Gaya. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md. Javed Jafar Khan,Adv For the Opposite Party/s :
Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 28-04-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.
Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offence punishable under Sections 304/34 of the IPC. The prosecution case, in short, is that the informant Sarita Devi gave a written report before the police alleging therein that on 26.07.2021 the informant has been informed by the villagers of village Shamsher Khap that her son namely Ranjan Kumar has been died from the corrent of electric that near Gunjar Bodh Aahar, on that information the informant went to spot where saw her deceased son namely Rajan Kumar.
Patna High Court CR. MISC. No.70221 of 2021(2) dt.28-04-2022 2/3 Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. He has falsely been implicated in the present case. He further submits that it appears from the FIR that the son of the informant touched with electric wire and unfortunately he died. He further submits that there is no role of the petitioner in the present occurrence and the petitioner is in custody since 18.09.2021.
Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.
Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Amas P.S. Case No.196 of 2021, with the following conditions:-
(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move
Patna High Court CR. MISC. No.70221 of 2021(2) dt.28-04-2022 3/3 for cancellation of bail.
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.
(Rajesh Kumar Verma, J) Nitesh/- U T