Chando Yadav @ Chando Prasad Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71411 of 2022 Arising Out of PS. Case No.-344 Year-2021 Thana- NAWADA MUFFASIL District- Nawada ====================================================== Chando Yadav @ Chando Prasad Yadav Son Of Late Tilak Yadav Resident Of Village- Mastanganj, P.S.- Akbarpur, District- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar Verma, Advocate For the Opposite Party/s :
Mr. Naveen Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 29-04-2023 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.
The accused/petitioner is named in the F.I.R. and apprehended his arrest in connection with Muffassil P.S. Case No.344 of 2021 registered for the offences punishable under Sections 341, 384, 353, 307, 379 and 411/34 of the Indian Penal Code.
The allegation against the petitioner is to assault the members of mining team and police personnels causing bodily injuries having intention to cause their death alongwith other coaccused persons, while they were trying to take away truck
Patna High Court CR. MISC. No.71411 of 2022(2) dt.29-04-2023 2/3 loaded with illegal stones.
Learned counsel appearing on behalf of the petitioner submitted that petitioner was not apprehended on spot, whereas his name surfaced on the basis of suspicion as raised by unknown member of the mining team. It is submitted that mere on the said suspicion petitioner was named in present case. It is also pointed out that save and except suspicion no incriminating material alleged to be surfaced against this petitioner as of now, during the course of investigation to connect this petitioner, prima facie, with the alleged occurrence. While concluding the argument it is submitted that petitioner found involved in one more case, where he is on bail.
Learned APP appearing on behalf of the State, opposes the prayer for bail.
In view of the facts and circumstances as mentioned above as name of petitioner surfaced on the basis of suspicion as raised by unknown member of mining team, accordingly the petitioner above named, in the event of his arrest or surrender before the Court below within a period of four weeks, be released on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate,
Patna High Court CR. MISC. No.71411 of 2022(2) dt.29-04-2023 3/3 Nawada/concerned Court below where the case is pending in connection with Muffassil P.S. Case No.344 of 2021 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Chandra Shekhar Jha, J.) S.Tripathi/- U T