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Patna High CourtCR. MISC./72663/2024allowed

Neeraj Yadav @ Neeraj Kumar v. The State Of Bihar

2025-01-10Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72663 of 2024 Arising Out of PS. Case No.-83 Year-2023 Thana- LAUKAHA District- Madhubani ====================================================== Neeraj Yadav @ Neeraj Kumar S/O- Vimal Yadav @ Vimal Kumar Yadav Village- Sahorwa Ps- Laukaha Dist- Madhubani ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajendra Narayan, Sr. Adv.

Mr. Jay Ram Prasad, Adv.

For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-01-2025 Heard Mr. Rajendra Narayan, learned senior counsel for the petitioner, informant and Mr. Dilip Kumar No. 1, learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 307, 302, 120(B), 504 of the Indian Penal Code.

3. The petitioner along with other accused persons are said to have killed three persons.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is no specific overt act against the petitioner. He submits that there is general and omnibus allegation against the petitioner. He submits that similarly situated co-accused has already been granted regular bail by a

Patna High Court CR. MISC. No.72663 of 2024(3) dt.10-01-2025 2/3 coordinate Bench of this Court. He submits that the charge has been framed against the petitioner and there is no allegation of tampering of the prosecution witnesses by the petitioner. He further submits that petitioner has three criminal antecedents as stated in para-3 of the bail application and he is languishing in judicial custody since 11.12.2023.

5. Learned APP for the State opposes the prayer for bail.

6. Considering the facts and circumstances of the case, let the above named petitioner, 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 Laukaha P.S. Case No. 83 of 2023, subject to the conditions:

(1) One of the bailors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife. (II) The petitioner shall not indulge himself in any similar offence till conclusion of the trial. (III) The petitioner will be well represented on each and every date fixed in the case and if he fails to do so on two consecutive dates his bail bonds shall be liable to be cancelled.

Patna High Court CR. MISC. No.72663 of 2024(3) dt.10-01-2025 3/3 (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 the 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) devendra/- U