Naval Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1294 of 2022 Arising Out of PS. Case No.-70 Year-2021 Thana- GHOSWARI District- Patna ====================================================== NAVAL YADAV Son of Rambalak Yadav Resident of Village - Alinagar, paijuna, P.S.- Ghoswari, Distt.- Patna.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mayank Bilochan, Adv.
For the Opposite Party/s :
Mr.Chandra Bhushan Prasad, APP Mr.Anuj Kumar, Adv.
mr.Abhinav Ashok, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-07-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceedings. In the eventuality of non-removal of defects within stipulated period, office will place the matter before the Bench. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 302, 120(B) of the Indian Penal Code and 27 of the Arms Act. The allegation against the petitioner is that he along with other accused persons have made indiscriminate firing upon the son of the informant. One of the accused shot his son, who died on the way to hospital.
It is submitted by learned counsel for the petitioner that
Patna High Court CR. MISC. No.1294 of 2022(2) dt.27-07-2022 2/3 petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. The specific allegation is against the co-accused Rahul Yadav. It is further that after investigation, the police has submitted final form but the court below has taken cognizance on the basis of the case diary. Petitioner has no criminal antecedent. Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail.
Having regard to the facts and circumstances of the case, since the final form has been submitted, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Ghoswari P.S. Case No.70/2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
Patna High Court CR. MISC. No.1294 of 2022(2) dt.27-07-2022 3/3 petitioner who will give on affidavit genealogy as to how he is relative to petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner. (2) The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse. (3) The petitioner shall remain physically present in the court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.
(4) The petitioner shall co-operate with the investigation, if not already concluded and make himself available and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
(5) The petitioner shall appear before the Police Station of his local area in the first week of each month till the disposal of the present case.
(Anjani Kumar Sharan, J) pallavi/- U T