Raja Yadav @ Raj Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71346 of 2024 Arising Out of PS. Case No.-682 Year-2023 Thana- BUXAR District- Buxar ====================================================== Raja Yadav @ Raj Kumar Yadav Son of Ganga Sagar Yadav @ Ganga Sagar Singh Village- Ward No. 22, Sohani Patti, Police Station -Buxar (Town), District -Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Parijat Saurav, Advocate For the Opposite Party/s :

Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-01-2025 Heard Learned Counsel for the petitioner and Learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail in connection with Sessions Trial No.311 of 2024, arising out of Buxar (Town) P.S. Case No.682 of 2023, lodged on 18.12.2023, under Sections 302/120B/34 of the Indian Penal Code.

3. As per the prosecution, FIR has been lodged against one accused and subsequently, on the confessional statement of said co-accused name of other accused persons including the present petitioner has come.

4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that there is no material against the petitioner save and

Patna High Court CR. MISC. No.71346 of 2024(3) dt.18-01-2025 2/3 except confession. He further submits that petitioner is in custody since 21.12.2023 having clean antecedent. He further submits that charge has already been framed against the petitioner. Counsel further submits that no purpose shall be served keeping the petitioner behind bar. Counsel further submits that some of the accused persons have been granted anticipatory bail in this case.

5. Learned Counsel for the State opposes the prayer for bail.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner, above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge-III, Buxar, in connection with Sessions Trial No.311 of 2024, arising out of Buxar Town P.S. Case No.682 of 2023, 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

Patna High Court CR. MISC. No.71346 of 2024(3) dt.18-01-2025 3/3 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 (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