Ramesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82997 of 2024 Arising Out of PS. Case No.-152 Year-2024 Thana- SANGRAMPUR District- East Champaran ====================================================== Ramesh Yadav S/O- Sabru Ray Village- Manglapur Ps- Sangrampur DistrictEast Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rahul Singh, Advocate For the Opposite Party/s :
Mr.Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 13-12-2024 Heard Mr.Rahul Singh, learned counsel for the petitioners and Mr.Vinod Shanker Modi, learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection with Sangrampur P.S.Case No.152 of 2024,FIR dated 12.06.2024 registered for the offences punishable under Sections 341,323,324,307,379,504,34 of IPC.
3. Allegation against the petitioner is that he gave a blow of knife on the head of the informant, due to which he received head injury and blood started oozing and he fell down in the meantime the petitioner also took out cash Rs. 40,000/- and a mobile of the informant.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.82997 of 2024(2) dt.13-12-2024 2/3 petitioner has clean antecedent and he has falsely been implicated in the present case. Although there is specific allegation against the petitioner that he assaulted to the informant but the injury report of the informant suggests that the all the injuries are simple in nature caused by hard and blunt substance.
5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts, petitioner has clean antecedent and injury inflicted upon the informant is simple in nature, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000 (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, East Champaran, Motihari in connection with Sangrampur P.S.Case No.152 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and
Patna High Court CR. MISC. No.82997 of 2024(2) dt.13-12-2024 3/3 on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his/her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Nitesh/- U T