Jagan Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69949 of 2019 Arising Out of PS. Case No.-212 Year-2019 Thana- RAFIGANJ District- Aurangabad ====================================================== JAGAN KUMAR YADAV S/O Umesh Yadav @ Umesh Kumar Yadav R/O Village- Khaira Manorath, P.S.- Kasma, District- Aurangabad (Bihar). ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Lal Bahadur Singh,Adv.
For the Opposite Party/s :
Mr.Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 27-11-2019 Instant petition under Sections 439 and 440 of Criminal Procedure Code has been moved for grant of bail in F.I.R. No. 212 of 2019, dated 1.9.2019, registered at Police Station Rafiganj under Sections 401/34 of the Indian Penal Code and Section (25(1-b)a, 26 & 35 of the Arms Act. I have heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. I have also perused the relevant record of the case, necessary for adjudication of this petition.
Allegedly the accused along with other co-accused persons were carrying one sixer pistol and two live cartridges. It is seen that from custody of the accused, nothing was recovered. No past criminal antecedent. Investigation qua the accused is complete. Prima facie, the petitioner cannot be said to have been
2/4 involved in the crime for thus far save and except for his physical presence along with the co-accused who already stands enlarged on bail, there is nothing on record to establish his complicity in the crime.
Prima facie also it appears that thus far no case against the petitioner is made out indicating his complicity in the alleged crime.
It is submitted by learned counsel for the petitioner that the petitioner has roots in the society; is not likely to interfere in the investigation or influence any of the witnesses or destroy the evidence; is behind bars since 1.9.2019; no further custodial interrogation is required and he has fully cooperated in the investigation.
Prima facie, nothing is produced to highlight petitioner's direct involvement in the crime. Thus, this Court is of the considered view that petitioner has made out a case for grant of bail. Possibility of false implication, as is so alleged by the petitioner, cannot be ruled out. Also, thus far save and except for naming the petitioner in the F.I.R., no evidence corroborative in nature stands recorded by the police. Also, none has come forward to highlight the possible involvement of the petitioner in the crime.
3/4 On what basis the Investigating Officer could link the accused to the crime is also not emanating from the record. Be that as it may, having regard to the entirety of the facts and circumstances of the case, let the petitioner, named above, be released on bail on furnishing bail bond of Rs. 25,000/-(Twenty five thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Rafiganj P.S. Case No. 212 of 2019, on the following conditions:- (i) That one of the bailors of the petitioner shall be his close relative.
(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.
(iii) That 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 reason, his bail bonds shall be liable to be cancelled by the learned court concerned.
(iv) The petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
4/4 Any observation made herein shall not be construed to be an expression on the merits of the matter. Petition stands disposed of in the above terms. (Sanjay Karol, CJ) K.C.Jha/- U T