Sagar Yadav @ Ram Sagar Yadav @ Ram Sagar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83046 of 2019 Arising Out of PS. Case No.-127 Year-2019 Thana- BAKHTIYARPUR RAIL P.S. DistrictPatna ====================================================== SAGAR YADAV @ RAM SAGAR YADAV @ RAM SAGAR PRASAD S/o Hari Nandan Yadav @ Hira Nandan Yadav @ Haro Yadav @ Hira Yadav Resident of Village- Dayachak, P.S.- Barh, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dinesh Jha, Adv For the Opposite Party/s :

MS.Dr. Indiwar Kumari APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 14-01-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Rail P.S. Bakhtiyarpur P. S. Case No. 127 of 2019 instituted for the offence under Section(s) 323, 324, 325, 341, 342, 307, 379, 504, 506 and 326/34 of the Indian Penal Code and Section 27 of the Arms Act and Section 145 of the Railways Act.

The F.I.R. alleges that some mudslinging was done by the accused persons and the same was objected by the informant. To teach the informant a lesson, some other accused persons, including the petitioner, have subsequently come and assaulted the informant.

It is submitted by the petitioner's counsel that the falsity

Patna High Court CR. MISC. No.83046 of 2019(2) dt.14-01-2020 2/3 of the allegation is apparent from the fact that the occurrence is said to have taken place on 23.08.2019. The F.I.R., however, has been instituted on 24.08.2019 and was received in the Court on 26.8.2019. The submission is of false implication as a counter blast to Barh P.S. Case No. 76 of 2018 lodged by the petitioner's wife against the informant and others for the alleged offence under Sections 147,148,149,341,323,379 and 354/34 of the IPC. The petitioner has no criminal antecedents and, in such circumstances, he is in custody since 25.08.2019. The learned APP for the State opposed the prayer for bail. Considering the aforesaid, let the petitioner, above named, 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 the J.M,Railway, Patna, in connection with Rail P.S. Bakhtiyarpur P. S. Case No. 127 of 2019 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each

Patna High Court CR. MISC. No.83046 of 2019(2) dt.14-01-2020 3/3 date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

(Madhuresh Prasad, J) shyambihari/- U T