Sanjay Yadav Vs The State of Bihar — Patna HC (2024) — LawSathi Research

Sanjay Yadav Vs The State of Bihar — Patna HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Application for pre-arrest bail allowed: on arrest or surrender within four weeks, petitioner to be released on bail in Jhajha P.S. Case No. 363 of 2017 on a bail bond of Rs. 25,000/- with two like sureties to the satisfaction of S.D.J.M., Jamui, subject to Section 438(2) Cr.P.C. conditions and antecedent verification.

Issue for consideration

Whether the petitioner, arraigned in Jhajha P.S. Case No. 363 of 2017 for offences punishable under Sections 147, 149, 341, 323, 448, 354(A), 324, 307 and 504 IPC, is entitled to pre-arrest bail.

Court's answer

Pre-arrest bail granted on the ground of parity: this Court had earlier allowed pre-arrest bail to some co-accused in Criminal Miscellaneous No. 77984 of 2023, and the learned APP for the State pointed out nothing to show that the petitioner's case stood on a different footing.

Ratio / Principle

In the event of arrest or surrender within four weeks, the petitioner is to be released on bail in connection with Jhajha P.S. Case No. 363 of 2017.

Key takeaways

Release is conditioned on furnishing a bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Jamui, and is subject to the conditions laid down under Section 438(2) Cr.P.C.ratio¶18
Further condition: the court below shall verify the petitioner's criminal antecedents; if concealment of antecedents is found at any stage, steps shall be taken for cancellation of the bail bond, but acceptance of bail bonds in terms of the order shall not be delayed for, or in the name of, such verification.ratio¶19

Detailed headnote1 paragraphs

Pre-arrest bail - Patna High Court allows application under Section 438 Cr.P.C. - Petitioner accused in Jhajha (Jamui) P.S. Case No. 363 of 2017 for offences under Sections 147, 149, 341, 323, 448, 354(A), 324, 307 and 504 IPC - Relief founded on parity: four co-accused already granted pre-arrest bail in Criminal Miscellaneous No. 77984 of 2023 (order dated 10.01.2024) and the State pointed to nothing placing the petitioner on a different footing - Petitioner had availed benefit of Section 41A Cr.P.C. during investigation, and the impugned order of the learned A.D.J.-I, Jamui recorded absence of any service report of summons or bailable warrants against him - Direction: on arrest or surrender within four weeks, release on bail bond of Rs. 25,000/- with two like sureties to the S.D.J.M., Jamui, subject to Section 438(2) Cr.P.C. conditions - Court below to verify criminal antecedents; concealment to invite cancellation of bond, but acceptance of bail bonds not to be delayed for or in the name of verification.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.33344 of 2024

Arising Out of PS. Case No.-363 Year-2017 Thana- JHAJHA District- Jamui

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Sanjay Yadav, S/o- Ishwar Yadav, Resident of Village- Bhurkudiya (Baijla) P.S.- Jhajha, District- Jamui ... ... Petitioner

P.S.- Jhajha, District- Jamui ... ... Petitioner Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Rajesh Kumar Sinha, Advocate For the Opposite Party/s : Mr. Md. Fahimuddin, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER

2 13-08-2024

Heard Mr. Rajesh Kumar Sinha, learned counsel for

the petitioner and Mr. Md. Fahimuddin, learned APP for the State.

2. The petitioner in the present case is seeking prearrest bail in connection with Jhajha P.S. Case No. 363 of 2017 registered for the offences punishable under Sections 147, 149, 341, 323, 448, 354(A), 324, 307 and 504 of the Indian Penal Code. In paragraph ‘3’ of his application, the petitioner has stated that he is an accused in six cases, however, he is on bail in all the six cases. It is submitted that those cases are arising out of land disputes between the co-sharers.

3. As per the prosecution story, on 07.11.2017 at about 10:00 am, while the informant was making dung cake, in the meantime, Sanjay Yadav (this petitioner) along with several other FIR named accused persons and four unknown persons came in search of her husband, namely, Sadhu Yadav and when he was

Patna High Court CR. MISC. No.33344 of 2024(2) dt.13-08-2024 2/3

not found, one Sanjay Yadav (petitioner), Vikash Yadav and Chiraugi Yadav took the informant inside the house and snatched gold chain from her neck. It is alleged that Vikash assaulted the informant by an iron rod on her head due to which she suffered cut injury. It is further alleged that the accused persons also took away a box containing Rs. 25,000/- and she was threatened not to lodge a case, otherwise her husband will be killed.

4. Learned counsel for the petitioner submits that considering the entire facts and circumstances of the case, this Court has granted privilege of pre-arrest bail to four petitioners in Criminal Miscellaneous No. 77984 of 2023 vide order dated 10.01.2024. It is submitted that this petitioner had also been given benefit of Section 41A Cr.P.C. during investigation and the learned A.D.J.-I, Jamui has observed in the impugned order that on record, there is no service report of summons or bailable warrants issued against the petitioner.

5. Mr. Md. Fahimuddin, learned APP for the State is present but he does not make any substantial submission to oppose the application of the petitioner.

6. Having regard to the submissions made on behalf of the petitioner and the observations of the learned court below in the impugned order as also that this Court has earlier allowed privilege of pre-arrest bail to some of the accused in Criminal

Patna High Court CR. MISC. No.33344 of 2024(2) dt.13-08-2024 3/3

Miscellaneous No. 77984 of 2023 and nothing has been pointed out by learned APP for the State to show that the case of the present petitioner would stand on a different footing, in these circumstances, this Court directs that in case of his arrest or surrender within a period of four weeks from today, the petitioner above named be released on bail in connection with Jhajha P.S. Case No. 363 of 2017 on furnishing bail bond of Rs. 25,000/(Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Jamui, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

7. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner had concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

8. This application stands allowed.

(Rajeev Ranjan Prasad, J)

SUSHMA2/-

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