Pradeep Yadav vs The State Of Bihar
2021 Latest Caselaw 11 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No. 32200 of 2020
      Arising Out of PS Case No.-205 Year-2019 Thana- BHORE District- Gopalganj
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Pradeep Yadav, aged about 24 years, (Male), Son of Birendra Yadav, Resident of village- Dixitauli, P.S.- Khanpur, District- Deoria (U.P)

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

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

For the Petitioner/s    :        Mr. Ravindra Kumar, Advocate
For the State           :        Mr. Md. Arif, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 04-01-2021

Heard Mr. Ravindra Kumar, learned counsel for the

petitioner and Mr. Md. Arif, learned Additional Public Prosecutor

(hereinafter referred to as the 'APP') for the State.

2. The petitioner is in custody in connection with Bhore

PS Case No. 205 of 2019 dated 13.06.2019, instituted under

Sections 302/404/120B/34 of the Indian Penal Code and 27 of The

Arms Act, 1959.

3. The petitioner, though not named in the FIR, is

accused of gunning-down the brother of the informant.

4. Learned counsel for the petitioner submitted that in

the FIR six persons have been specifically named as the assailants

who had fired resulting in the death of the brother of the informant Patna High Court CR. MISC. No.32200 of 2020 dt.04-01-2021

but neither the petitioner is mentioned nor there is allegation of

there being any other unknown person involved in the crime.

Learned counsel submitted that because one person caught by the

police gave a so-called confessional statement, the petitioner has

also been remanded in eight other cases, but such remand is only

after being implicated in the present case. Learned counsel

submitted that petitioner is in custody since 12.12.2019.

5. Learned APP submitted that the petitioner has

criminal antecedent. However, he was not able to controvert the

fact that specifically six persons have been named as assailants

without there being any suspicion against the petitioner or the

informant mentioning that there was any other unnamed assailant

also.

6. Having considered the facts and circumstances of the

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

petitioner 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, Gopalganj in Bhore PS Case No. 205 of 2019, subject

to the conditions (i) that one of the bailors shall be a close relative

of the petitioner, (ii) that the petitioner and the bailors shall

execute bond with regard to good behaviour of the petitioner, and Patna High Court CR. MISC. No.32200 of 2020 dt.04-01-2021

(iii) that the petitioner shall also give an undertaking to the Court

that he shall not indulge in any illegal/criminal activity, act in

violation of any law/statutory provisions, tamper with the evidence

or influence the witnesses. Any violation of the terms and

conditions of the bonds or the undertaking shall lead to

cancellation of his bail bonds. The petitioner shall cooperate in the

case and be present before the Court on each and every date.

Failure to cooperate or being absent on two consecutive dates,

without sufficient cause, shall also lead to cancellation of his bail

bonds.

7. However, this order is subject to the main application

supported by affidavit being e filed in this Court by learned

counsel for the petitioner latest by day after tomorrow.

8. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

Anand Kr.

AFR/NAFR U T