Upendra Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84062 of 2019 Arising Out of PS. Case No.-47 Year-2019 Thana- ADHAOURA District- Kaimur (Bhabua) ====================================================== UPENDRA KUMAR YADAV, aged about 35 years (Male), son of Nachaku Yadav, Resident of Village - Barwon Kala, P.S.- Adhoura, District - Kaimur (Bhabhua).

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Ram Nath Singh Yadav For the Opposite Party/s :

Mr. Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 18-12-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking regular bail in connection with Adhoura P.S. Case No. 47 of 2019, registered for the offence under Sections 307 & 506/34 of the Indian Penal Code, under Section 27 & 30 of the Arms Act and Sections 30(a) 37(a), 37(b), 47(C) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

Allegation has been made that the petitioner along with his one associate came on a motor cycle in a drunken condition and his associate started firing but, no one was injured. Both the persons were arrested and sent to the jail. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.84062 of 2019(2) dt.18-12-2019 2/2 petitioner has no criminal antecedent and he is in jail since 11.10.2019.

Looking to the aforesaid facts, let the petitioner, above-named, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Sessions Judge- 3rd, -cum- Special Judge, Excise, Kaimur (Bhabhua), in connection with Adhoura P.S. Case No. 47 of 2019, subject to the condition that (i) one of the bailors shall be a close relative of the petitioner i.e. mother/father/brother/wife (ii) if the petitioner is found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of bail and (iii) the petitioner would cooperate in the proceeding of the court below. In the event of failure to appear on two consecutive dates, the court below will be at liberty to pass appropriate order including cancellation of bail bonds of the petitioner.

(Shivaji Pandey, J) pawan/- U T