Pappu Yadav vs The State Of Bihar
2021 Latest Caselaw 209 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No. 32985 of 2020
     Arising Out of PS Case No.-127 Year-2019 Thana- PASRAHA District- Khagaria
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Pappu Yadav, aged about 43 years (Male) Son of Bilash @ Bilshi Yadav, Resident of Village- Basua, P.S.- Pasraha, District- Khagaria.

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

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

For the Petitioner/s    :        Mr. Praveen Kumar Agrawal, Advocate
For the State           :        Mr. Md. Fahimuddin, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 20-01-2021

Heard Mr. Praveen Kumar Agrawal, learned counsel for

the petitioner and Mr. Md. Fahimuddin, learned Additional Public

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

2. The petitioner is in custody in connection with

Pasraha PS Case No. 127 of 2019 dated 01.10.2019 instituted

under Sections 147/148/149/160/302/307/326/386 of the Indian

Penal Code and 27 (1) of The Arms Act, 1959.

3. The allegation against the petitioner along with others

is that he had also fired being a member of one group in a gun

battle between two groups resulting in the death of one person and

injury to another.

Patna High Court CR. MISC. No.32985 of 2020 dt.20-01-2021

4. Learned counsel for the petitioner submitted that there

is no eye witness of the occurrence and the name of the petitioner

is said to have been taken by the villagers without mentioning any

source. Further, learned counsel submitted that the injured person

namely Sujit Kumar in his statement has taken the name of co-

accused Sugan Yadav and Rakesh Yadav of firing but no role has

been assigned to the petitioner. Learned counsel submitted that the

petitioner has no criminal antecedent and is in custody since

29.06.2020. It was further submitted that similarly situated co-

accused Narad Yadav has been granted bail by a coordinate Bench

on 04.09.2020 in Cr. Misc. No. 21675 of 2020 and few other co-

accused have also been granted bail.

5. Learned APP submitted that the allegation of firing is

against the petitioner 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, Khagaria in Pasraha PS Case No. 127 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 Patna High Court CR. MISC. No.32985 of 2020 dt.20-01-2021

execute bond with regard to good behaviour of the petitioner, and

(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. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J.)

Anand Kr.

AFR/NAFR U T