Allowed

Surendra Yadav @ Surendra Prasad v. The State of Bihar

Patna HC4 Jan 2022CR. MISC./12238/2021

Case brief

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What is this about?

In an anticipatory bail application regarding cases under the Indian Penal Code, the High Court granted bail due to COVID-19 pandemic constraints and jail overcrowding. The petitioner must remove trial court defects within four weeks post-normalcy and furnish bonds within eight weeks.

What did the court decide?

Released on anticipatory bail on personal bonds with instructions to remove defects and furnish money bonds after normalcy restoration.

Surendra Yadav @ Surendra Prasad Vs The State of Bihar — Anticipatory Bail | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12238 of 2021

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Arising Out of PS. Case No.-22 Year-2020 Thana- SIRDALA District- Nawada

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======================================================

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SURENDRA YADAV @ SURENDRA PRASAD Son of Kamleshwar Prasad Resident of Village- Duwari, P.S.- Sirdala, District- Nawada.

... ... Petitioner

Versus

The State of Bihar

... ... Opposite Party

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====================================================== Appearance :

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For the Petitioner/s : Mr.Deepak Kumar For the Opposite Party/s : Mr. Anand Kishore Choudhary, APP

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======================================================

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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH

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ORAL ORDER

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2 04-01-2022

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Due to the third wave of COVID-19 Pandemic, the

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matter is being taken up by way of Virtual Court proceeding.

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The matter has been listed under the heading ‘For Orders’ under the orders of Hon’ble the Chief Justice.

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Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

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Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of four weeks after restoration of normalcy.

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The petitioner is apprehending his arrest in a case registered under Sections 147, 149, 353, 427, 342, 332, 323 and 307 of the Indian Penal Code.

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The prosecution allegation, in short, is that the accused persons were protesting over a death of a person and

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Patna High Court CR. MISC. No.12238 of 2021(2) dt.04-01-2022 2/3

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protesting against the administration.

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It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. General and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. There was protest being made against the police personnel. The petitioner is alleged to be one of the protestors.

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On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

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It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail application has taken note of the exponential rise in number of covid cases due to outbreak of third wave of Covid-19 pandemic. Further this Court can also not lose sight of the fact that the condition of jails is not conducive and suitable to the present situation which has arisen due to the sudden rise in covid cases.

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Considering the aforesaid facts and circumstances, the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from

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Patna High Court CR. MISC. No.12238 of 2021(2) dt.04-01-2022 3/3

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today, be released on anticipatory bail on his personal bonds to the satisfaction of learned A.C.J.M. -1, Nawada in connection with Sirdalla P.S. Case No. 22 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

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(Sudhir Singh, J)

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Pankaj/-

Surendra Yadav @ Surendra Prasad v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Surendra Yadav @ Surendra Prasad v. The State of Bihar

Case brief

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What did the court decide?

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