Vikki Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65783 of 2024 Arising Out of PS. Case No.-76 Year-2024 Thana- JALE District- Darbhanga ====================================================== Vikki Yadav Son of Parikshan Yadav Resident of Village- Bansi Chowk, PSJaley, District- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shrinandan Prasad Singh, Sr. Advocate Mr, Surendra Prasad Singh, Advocate Mr. Kumar Sameer, Advocate For the Opposite Party/s :
Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-12-2024 Heard Mr. Shrinandan Prasad Singh, Learned Senior Counsel assisted by Mr. Kumar Sameer, Learned Advocate, for the petitioner and Learned Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in connection with Jaley P.S. Case No.76 of 2024, lodged on 09.04.2024, under Sections 341, 323, 338, 325, 379, 504, 307, 506/34 of the Indian Penal Code.
3. As per the prosecution, FIR has been lodged against four named accused persons including the present petitioner against whom there is allegation that all the accused persons have brutally assaulted to the informant and her husband due to which he sustained injury.
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4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that there is no specific allegation made in the FIR against the petitioner. There is general and omnibus allegation against all the accused persons. He further submits that the cause of dispute is assigned in the FIR due to providing the land on Batai. Learned Senior Counsel further submits that the injury report has been annexed as Annexure-2 in which date and time of examination has been mentioned as 06.04.2024 on 11:50 AM. Counsel Submits that upon bare reading of the FIR it becomes crystal clear that the date of occurrence is 7:00 AM of 06.04.2024, time of lodging the FIR is 09.04.2024 at 2:30 PM and in this view of the matter there is great discrepancies in the event, which is fatal on the part of the prosecution.
Learned Senior Counsel further submits that considering all aspects of the matter three persons have been granted anticipatory bail by this Court vide order dated 12.11.2024 passed in Cr. Misc. No.75848 of 2024. Learned Senior Counsel further submits that there is one antecedent of the petitioner in which he is on bail and he is in custody since 18.06.2024.
5. Learned Counsel for the State opposes the prayer for bail.
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6. In the present facts and circumstances of this case and the submissions made above, let the petitioner, above named, be granted bail after commitment on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of ACJM-I, Darbhanga, in connection with Jaley P.S. Case No.76 of 2024, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure with other following conditions:
(i) One of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) The petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
(iii) The petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) The petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and
4/4 (v) The petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J) Mkr./- U T