Shambhu Yadav vs The State Of Bihar
2021 Latest Caselaw 1973 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No.34688 of 2020
             Arising Out of PS. Case No.-127 Year-2019 Thana- Civil Line District- Gaya
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1. Shambhu Yadav, aged about 40 years, Gender-Male, son of Yamuna Pahalwan, resident of Mohalla - Badki Delha, Paraiya Road, P.S.- Delha, District - Gaya.

2. Shahzad Alam, aged about 38 years, Gender-Male, son of Yakub Alam, resident of Chhata Masjid, P.S.- Kotwali, District - Gaya.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mrigendra Kumar, Advocate For the State : Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 29-04-2021

The matter has been heard via video conferencing.

2. Heard Mr. Mrigendra Kumar, learned counsel for

the petitioners and Mr. Jharkhandi Upadhyay, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

3. The petitioners apprehend arrest in connection with

Civil Lines PS Case No. 127 of 2019 dated 15.03.2019,

instituted under Sections 323, 341, 325, 504, 506, 384, 379/34

of the Indian Penal Code.

4. The allegation against the petitioners is that they

had assaulted the informant and his son and specifically against

petitioner no. 1, of inflicting blow by butt of pistol on the hand Patna High Court CR. MISC. No.34688 of 2020 dt.29-04-2021

resulting in cut on the finger and against the petitioner no. 2, of

snatching Rs. 11,400/- and mobile from the pocket of the

informant and gold chain from the neck of the son of the

informant.

5. Learned counsel for the petitioners submitted that

the prayer for anticipatory bail of petitioner no. 1 was rejected

by the Court below only on the ground that he had not

mentioned about his criminal antecedent, that he was accused

in two other cases also. It was submitted that as far as

petitioner no. 2 is concerned, he has no criminal antecedent.

Learned counsel submitted that even on merits, it was a simple

case of some accident with the motorcycle and out of raise, this

false case has been registered as petitioner no. 1 is living in the

same locality and petitioner no. 2, being a friend was

accompanying petitioner no. 1. Learned counsel submitted that

even as per the allegation, it is unbelievable that a person who

had gone to a marriage and was returning, would be carrying

Rs. 11,400/- cash in his pocket as he had no reason to do while

coming back from the marriage and even if he was carrying

some money for being given as gift in the marriage, he would

already have given that and would not be returning with so

much of cash at midnight. It was thus submitted that as far as Patna High Court CR. MISC. No.34688 of 2020 dt.29-04-2021

petitioner no. 2 is concerned, the allegation is totally cosmetic

and super-addition and unbelievable and also impractical.

6. Learned APP submitted that as far as petitioner no.

1 is concerned, he has two other cases under serious sections of

the Indian Penal Code against him including the Arms Act and

thus is a veteran criminal and further that a person of the same

locality would not make somebody accused of the same

locality without there being strong reason for that.

7. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, let

the petitioner no. 2, namely Shahzad Alam, in the event of

arrest or surrender before the Court below within six weeks

from today, be released on bail upon furnishing bail bonds of

Rs. 25,000/- (twenty five thousand) with two sureties of the

like amount each to the satisfaction of the learned Chief

Judicial Magistrate, Gaya in connection with Civil Lines PS

Case No. 127 of 2019, subject to the conditions laid down in

Section 438(2) of the Code of Criminal Procedure, 1973 and

further, (i) that one of the bailors shall be a close relative of the

petitioner no. 2, (ii) that the petitioner no. 2 and the bailors

shall execute bond/give undertaking with regard to good

behaviour of the petitioner no. 2 and he shall co-operate with Patna High Court CR. MISC. No.34688 of 2020 dt.29-04-2021

the police/prosecution and the Court. Any violation of the

terms and conditions of the bonds or the undertaking and

failure to co-operate shall lead to cancellation of his bail bonds.

8. It shall also be open for the prosecution to bring

any violation of the foregoing conditions of bail by the

petitioner no. 2, to the notice of the Court concerned, which

shall take immediate action on the same after giving

opportunity of hearing to the petitioner no. 2.

9. The prayer for pre-arrest bail of petitioner no. 1,

namely Shambhu Yadav, stands rejected.

10. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

Shageer/-

AFR/NAFR U T