Sunil Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78561 of 2023 Arising Out of PS. Case No.-156 Year-2006 Thana- MOKAMAH District- Patna ====================================================== Sunil Yadav Son of Jugal Yadav Resident Of Village- Kanhaipur, PsMokama, Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Man Mohan Kumar, Adv.
For the Opposite Party/s :
Ms.Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 07-12-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with S. Tr. No. 181A/2009 arising out of Mokama P.S. Case No. 156 of 2006 instituted for the offences under Sections 364A/34 of the Indian Penal Code.
3. The prosecution case, in short, is that on 6/7.10.2006 in the night at 2 O'clock, the Complainant along with his brother/Shyam Kumar were sleeping in Dalan. In the mean time, the accused persons including the present petitioner came there and shot two rounds of firing and assaulted his brother/Shyam Kumar by means of butt of the rifle and, thereafter, abducted his brother and made a demand of Rs. 1 lac
Patna High Court CR. MISC. No.78561 of 2023(2) dt.07-12-2023 2/3 as ransom.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case at the instance of the enemies of the petitioner. The charge has been framed against the petitioner under Section 364A/34 of the I.P.C. and the cognizance has also been taken. The petitioner was declared absconder on 20.03.2014 and was taken into custody on 25.07.2023. The petitioner has three criminal antecedents but, in all of them, he is on bail.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with S. Tr. No. 181A/2009 arising out of Mokama P.S. Case No. 156 of 2006, subject to the following conditions;
(i) One of the bailors shall be own/close member of the family of the petitioner.
(ii) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two
Patna High Court CR. MISC. No.78561 of 2023(2) dt.07-12-2023 3/3 consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J) rishi/- U T