Govind Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68501 of 2022 Arising Out of PS. Case No.-638 Year-2018 Thana- BARACHATTI District- Gaya ====================================================== GOVIND YADAV Son of Mahavir Yadav @ Mahavir Yadavs R/v- Rebda, P.S.- Barachatti, District- Gaya ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arvind Kumar Singh, Advocate For the Opposite Party/s :

Mr. Ramchandra Sahni, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 27-03-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 302, 120B/34 of the Indian Penal Code and Section 27 of the Arms Act.

According to prosecution case, the allegation against the petitioner is that he alongwith other co-accused persons entered into a criminal conspiracy and in pursuance of the said criminal conspiracy he alongwith other co-accused persons have committed murder of the husband of the informant. 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 it appears from the F.I.R. that there is general and omnibus allegation

Patna High Court CR. MISC. No.68501 of 2022(2) dt.27-03-2023 2/3 against the co-accused persons including the petitioner and there is specific allegation against co-accused namely, Shankar Yadav, who is the step son of the informant has fired upon the husband of the informant. He further submits that there is allegation against the petitioner and four other accused persons that they dragged the husband of the informant. He further submits that the police after investigation submitted the charge sheet against the petitioner. He further submits that similarly situated, coaccused, namely, Binod Yadav has been granted bail by a coordinate Bench of this Court vide order dated 04.02.2019 passed in Cr. Misc. No. 6043 of 2019. The petitioner is in custody since 23.08.2022.

The learned Additional Public Prosecutor for the State 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 Court below where the case is pending in connection with Barachatti P.S. Case No. 638 of 2018, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date

Patna High Court CR. MISC. No.68501 of 2022(2) dt.27-03-2023 3/3 fixed by the court and shall remain physically present as directed by the court and on his absence on two 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) mdrashid/- U T