Govind Yadav @ Dhoni Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77602 of 2023 Arising Out of PS. Case No.-262 Year-2020 Thana- ITARHI District- Buxar ====================================================== Govind Yadav @ Dhoni Yadav Son Of Birendra Yadav @ Dhirendra Yadav R/O Vill - Khatibamangaru Dera, P.S. - Itarhi, Distt. - Buxar At Present R/O Vill - Bijhaurap, P.S. - Itarhi, Distt. - Buxar ... ... Petitioner/s

Versus

The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajani Ranjan Pd. Singh For the Opposite Party/s :

Mr. Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 341, 323, 307, 120(B), 147, 148, 149, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per the prosecution case, the informant and Ranjan Singh were going to Chausa from his house by motorcycle and as soon as they reached near Hanuman Mandir the petitioner and other accused persons stopped his motorcycle, surrounded him and started beating and fired upon Ranjan Singh with country-made pistol. They also fired upon informant and the informant sustained bulled injuries on his

Patna High Court CR. MISC. No.77602 of 2023(5) dt.03-04-2024 2/3 back.

4. Learned counsel for the petitioner submits that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case. He is not apprehended on the spot. No incriminating article has been recovered from his conscious physical possession. He submits that the charge has already been framed against the petitioner. He further submits that there is no specific allegation against the petitioner. The petitioner has fifteen criminal antecedents and has been languishing in custody since 14.06.2021.

5. Learned APP for the State opposed the bail petition.

6. Considering the facts aforesaid and the period of custody, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Itarhi P.S. Case No. 262 of 2020 subject to the following conditions :

(i) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his

Patna High Court CR. MISC. No.77602 of 2023(5) dt.03-04-2024 3/3 wife.

(ii) The petitioner shall not indulge himself in any similar offence till conclusion of the trial. (iii) 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 sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(iv) The petitioner shall co-operate with the investigation, if not already concluded and make himself available and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (v) The petitioner will mark his attendance in the local police station in first week of every month till conclusion of trial, failing which the prosecution will be at liberty to move cancellation of his bail bond.

(Anjani Kumar Sharan, J) anand/- U T