In bail application under CrPC, the High Court allowed the petitioner's prayer for release. The court fixed conditions requiring a bond of Rs. 20,000 with two sureties and mandated cooperation in the trial without absconding.
Petitioner released on bail upon furnishing a bond of Rs. 20,000 with two sureties of similar amount subject to specified conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19380 of 2021
Arising Out of PS. Case No.-68 Year-2019 Thana- BELDOUR District- Khagaria
======================================================
ARUN YADAV, S/o Late Laxmi Yadav, R/o village- Pirnagra, P.S.- Beldaur, District- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Pawan Kumar, Advocate For the Opposite Party/s : Mr. Pradeep Narayan Kumar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE S. KUMAR
ORAL ORDER
2 07-04-2021 Heard learned counsel for the parties.
Petitioner, who is in custody, seeks bail in a case
registered for the offence punishable under Sections 147, 341, 323, 307, 302, 505, 506 of the Indian Penal Code.
Allegation against the FIR named accused including the petitioner is to have killed the brother of the informant by assaulting him by lathi, danda and iron rod.
Earlier also, petitioner had moved this Court for grant of regular bail which was rejected vide Annexue 1 with liberty to renew his prayer for bail after framing of charge.
It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case. Charge has been framed on 09.12.2020 against four accused persons including this petitioner. There is no specific allegation against
Patna High Court CR. MISC. No.19380 of 2021(2) dt.07-04-2021 2/2
the petitioner of any over act. Allegations are general and omnibus in nature. Petitioner has no criminal antecedent and he is in custody since 17.08.2019.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with S. T. No. 119 of 2020 arising out of Beldaur P. S. Case No. 68 of 2019 with following conditions:-
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned. (2) 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 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J)
Rajiv/-
U T
2 issues framed by the court
Whether the petitioner, currently in custody, is entitled to bail in the present criminal case.
Whether the conditions of bail, including the amount and sureties, as framed by this court are appropriate.
1 provisions across 1 enactments
Arun Yadav
The State of Bihar
S. Kummar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
