Rahul Yadav @ Rahul Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60815 of 2019 Arising Out of PS. Case No.-214 Year-2019 Thana- SIWAN MUFFASIL District- Siwan ====================================================== RAHUL YADAV @ RAHUL KUMAR YADAV Son of Vijay Yadav Resident of Village- Ramapali, P.S.- Siwan Muffasil, District- Siwan. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Krishna Kant Singh For the Opposite Party/s :
Mr.Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 26-09-2019 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest for the offences alleged under Sections 341, 323, 324, 307, 302 and 504/34 of the Indian Penal Code and Section 27 of the Arms Act, registered in connection with Siwan Muffasil P.S. Case No. 214 of 2019.
3. It is submitted that the petitioner has been falsely implicated in the backdrop of land dispute. There is case and counter case between the parties. The petitioner is said to have caught the informant by the neck, while coaccused Sonu Yadav assaulted the informant on his stomach. It is, however, submitted that injuries are simple in nature. The petitioner is accused in one prior case, which
Patna High Court CR. MISC. No.60815 of 2019(2) dt.26-09-2019 2/3 has also been lodged by the father of the informant.
4. Be that as it may, in the event of petitioner's arrest or surrender before court below within six weeks from the date of communication of this order, let the above named petitioner 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 C.J.M., Siwan in connection with Siwan Mufassil P.S. Case No. 214 of 2019, subject to the conditions as laid down under Section 438(2) Cr. P.C. and also subject to the following further conditions:
(i) That one of the bailors shall be a close relative of the petitioner.
(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall co-operate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without
Patna High Court CR. MISC. No.60815 of 2019(2) dt.26-09-2019 3/3 sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.
(Vikash Jain, J) HR/- U T