Patna High Court
Bijendra Singh @ Bijendra Yadav vs The State Of Bihar on 25 January, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28086 of 2020
Arising Out of PS. Case No.-35 Year-2019 Thana- JAMHOR District- Aurangabad
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Bijendra Singh @ Bijendra Yadav, male, aged about 49 years, S/o Muneshwar
Yadav, Resident of Village-Gijana, P.S.-Jamhore, District-Aurangabad
(Bihar).
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Lal Bahadur Singh, Advocate
For the State : Ms. Anita Kumari, APP
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
Date : 25-01-2021
The matter has been heard via video conferencing.
2. Heard Mr. Lal Bahadur Singh, learned counsel for
the petitioner and Ms. Anita Kumari, learned Additional Public
Prosecutor (hereinafter referred to as the 'APP') for the State.
3. The petitioner apprehends arrest in connection with
Jamhore PS Case No. 35 of 2019 dated 01.04.2019 (G.R. No.
564 of 2019), instituted under Sections 147/ 148/ 149/ 341/ 323/
325/ 307/ 302 of the Indian Penal Code and 27 of the Arms Act,
1959.
4. The allegation against the petitioner is of assault on
the family members of the informant and also of firing on one
person by co-accused Binda Yadav resulting in his death.
5. Learned counsel for the petitioner submitted that
Patna High Court CR. MISC. No.28086 of 2020 dt.25-01-2021
there is general and omnibus allegation against the petitioner
and the direct allegation of firing is against another co-accused.
Learned counsel submitted that upon investigation, it transpired
that the petitioner was not even present at the place of
occurrence due to which the police had submitted final form
against him not sending up for trial, but the Court below
differing from the same, has taken cognizance against the
petitioner also. Learned counsel submitted that there is only one
other case against the petitioner, that too, of the year 2002 and
after that he has not been made accused in any other case.
6. Learned APP submitted that there is allegation
against the petitioner also of assault and other family members
of the informant have also been injured. However, she could not
controvert that the police has found substance in the defence of
the petitioner that he was not even present at the scene of
occurrence and, thus, had not sent him up for trial.
7. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, in
the event of arrest or surrender before the Court below within
six weeks from today, 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
Patna High Court CR. MISC. No.28086 of 2020 dt.25-01-2021
the learned C.J.M., Aurangabad in Jamhore PS Case No. 35 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, (ii) that the
petitioner and the bailors shall 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.
8. The application stands disposed off in the
aforementioned terms.
(Ahsanuddin Amanullah, J)
Anjani/-
AFR/NAFR
U
T
