Rahul Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85140 of 2019 Arising Out of PS. Case No.-64 Year-2019 Thana- BUXAR District- Buxar ====================================================== Rahul Yadav Son of Fagu Yadav @ Fagu Yadav @ Indradeo Singh Resident of Village - Nai Bazar Mathiya Mor, P.S.- Buxar (Town), District - Buxar. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajeev Ranjan For the Opposite Party/s :
Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 17-01-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner in the present case is seeking regular bail in connection with Buxar (Town) P.S. Case No. 64 of 2019 registered under Sections 147, 148, 149, 302 of the Indian Penal Code and Section 27 of the Arms Act.
Learned counsel for the petitioner submits that in the First Information Report altogether 11 persons are named with general and omnibus allegations. Learned counsel submits that while granting bail to the co-accused Suraj Kumar in Cr. Misc. No. 56935/2019, a learned coordinate Bench of this court has noticed that three injuries were found on the person of the injured and one eye witness Mukesh Kumar stated that coaccused Anand Rai and Rekesh Rai had caused the injury. Learned counsel, on verification from the deponent, further
Patna High Court CR. MISC. No.85140 of 2019(3) dt.17-01-2020 2/3 submits that the two cases in which the petitioner is an accused has been granted bail.
Learned A.P.P. for the State has opposed the prayer for bail.
Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner that in the First Information Report altogether 11 persons are named with general and omnibus allegations and while granting bail to the co-accused Suraj Kumar in Cr. Misc. No. 56935/2019, a learned coordinate Bench of this court has noticed that three injuries were found on the person of the injured and one eye witness Mukesh Kumar stated that coaccused Anand Rai and Rekesh Rai had caused the injury, and other similarly situated persons have been granted regular bail by learned coordinate Benches of this court as also that the two cases in which the eptitioner is an accused he has been granted bail and this fact has been stated by learned counsel on verification from the deponent, let the above-named petitioner be released on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar, in connection with Buxar (Town) P.S. Case No. 64 of
Patna High Court CR. MISC. No.85140 of 2019(3) dt.17-01-2020 3/3 2019, subject to the condition as laid down under Section 437(3) Cr.P.C. as under:
(a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer or tamper with the evidence.
(Rajeev Ranjan Prasad, J) Rajeev/- U T