Sachin Kumar Yadav @ Ajit Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71123 of 2024 Arising Out of PS. Case No.-406 Year-2022 Thana- PHULPARAS District- Madhubani ====================================================== Sachin Kumar Yadav @ Ajit Yadav Son of Bechan Yadav Resident of Village - Siswabarhi, Police Station - Phulparas, District - Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Lakshmindra Kumar Yadav, Advocate For the Opposite Party/s :
Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 05-10-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in Phulparas P.S. Case No. 406 of 2022, corresponding to G.R. No. 1453 of 2022, instituted for the offences punishable under Sections 341, 323, 379, 307, 504, 506 and 34 of the Indian Penal Code.
3. The prosecution case, in short, is that, the petitioner along with other co-accused persons assaulted the informant with fist and legs. It is alleged that the petitioner has fired upon the informant which hit his waist.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the
Patna High Court CR. MISC. No.71123 of 2024(2) dt.05-10-2024 2/3 present case. Charge has already been framed in this case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner further submits that both the parties are known to each other from before. The petitioner is in custody since 06.12.2022 and has got seven criminal antecedents in which he is on bail in two cases.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Phulparas P.S. Case No. 406 of 2022, corresponding to G.R. No. 1453 of 2022, subject to the following conditions:
(I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date
Patna High Court CR. MISC. No.71123 of 2024(2) dt.05-10-2024 3/3 fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) Rajorshi/- U T