Sunil Yadav @ Sunil Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1756 of 2024 Arising Out of PS. Case No.-209 Year-2023 Thana- MAGADH MEDICAL COLLEGE District- Gaya ====================================================== Sunil Yadav @ Sunil Kumar Son Of Tulsi Yadav Resident Of VillageKalhaura, Police Station-Bodhgaya, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramakant Singh, Advocate For the Opposite Party/s :
Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 24-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in connection with Magadh Medical (M.M.C.H.) P.S. Case No.209 of 2023, lodged on 01.05.2023, under Sections 341/323/324/ 326/ 307 /384 / 504/120B/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per the prosecution, FIR has been lodged against four named and three unknown accused persons. The allegation made in the FIR that when the informant was returning to his home then in the meantime three persons has fired from the back due to which the informant sustained injury. It has been further alleged that name of four persons have been
Patna High Court CR. MISC. No.1756 of 2024(2) dt.24-01-2024 2/3 inserted including the petitioner that they are demanding Rs.5,00,000/- as ransom and they have stopped the construction work on the land. It has been specifically alleged that those who fired on the informant were not identified.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that antecedent of the petitioner is clean and he is in custody since 27.09.2023. Charge sheet has already been filed. Counsel further submits that the other co-accused has been granted by a coordinate Bench of this Court vide order dated 21.08.2023 passed in Cr. Misc. No.53050 of 2023.
5. Learned counsel for the State opposes the prayer for bail.
6. In the present facts and circumstances of this case and the submissions made above, let the petitioner, above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Gaya, in connection with Magadh Medical (M.M.C.H.) P.S. Case No.209 of 2023, subject to the conditions as laid down under Section 437(3) of the Code of Criminal Procedure with other following conditions:
Patna High Court CR. MISC. No.1756 of 2024(2) dt.24-01-2024 3/3 (i) One of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) The petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
(iii) The petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) The petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) The petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Dr. Anshuman, J) Mkr./- U T