Bhanu Kumar @ Bhajendra Yadav @ Raju Ranjan Kumar @ Raju Ranjan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67315 of 2022 Arising Out of PS. Case No.-698 Year-2022 Thana- JAHANABAD District- Jehanabad ====================================================== Bhanu Kumar @ Bhajendra Yadav @ Raju Ranjan Kumar @ Raju Ranjan Son of Ram Bhawan Yadav Resident of village - Shiva Bigha, P.S.- Jehanabad, Dist.- Jehanabad.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Alok Kumar Choudhary, Advocate Ms. Priyanka Kumari, Advocate For the Opposite Party/s :
Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 11-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.
Petitioner seeks bail who is in custody since 24.07.2022 in connection with Jehanabad Kalpa O.P. P.S. Case No. 698 of 2022, F.I.R. dated 24.07.2022 for the offences punishable under Section 307 of the Indian Penal Code and Section 27, 25(1-b)a and 26 of the Arms Act.
According to prosecution case, the son of the informant made firing upon the informant by means of loaded pistol but anyhow the informant made a narrow escape.
Patna High Court CR. MISC. No.67315 of 2022(4) dt.11-05-2023 2/3 Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that in fact, the petitioner is the son of the informant and due to some dispute, the present occurrence has taken place and there is no intention to kill the informant but he narrowly escaped and bullet has not hit him. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 24.07.2022. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner. Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 the learned Chief Judicial Magistrate, Jehanabad in connection with Jehanabad Kalpa O.P. P.S. Case No. 698 of 2022, subject to the following conditions:-
1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two
Patna High Court CR. MISC. No.67315 of 2022(4) dt.11-05-2023 3/3 consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
3. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Vanisha/- U T