Ramanand Yadav vs. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA (FROM RESIDENTIAL OFFICE VIA VIDEO APPLICATION) CRIMINAL MISCELLANEOUS No.59697 of 2022

Arising Out of PS. Case No.-181 Year-2022 Thana- PAKARIBARAW District- Nawada ======================================================

Ramanand Yadav S/O Naresh Yadav Resident of village- Rajebigha, P.S.- Pakribrawan, District- Nawada.

Versus

... ... Petitioner

The State of Bihar

Opposite Party

Appearance :		======================================================
For the Petitioner/s	:	Mr. Sheo Kumar Prasad, Advocate
For the Opposite Party/s	:	Mr. Uma Shankar Prasad Singh, APP

CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER

2 23-12-2022 Heard learned counsel for the petitioner and Mr. Uma Shankar Prasad Singh, learned A.P.P. for the State.

Petitioner in the present case is seeking regular bail in connection with Pakribrawan P.S. Case No. 181 of 2022 registered for the offences punishable under Sections 147, 148, 149, 323, 308, 379, 504, 506 of the Indian Penal Code. He is in custody since 17.08.2022. The petitioner has got no criminal antecedent.

Learned counsel for the petitioner submits that as per the prosecution story, one Gendo Yadav (informant) was feeding his animal. In the meantime, Ramanand Yadav came there and started abusing him and fired in the air. Then Naresh Yadav with iron rod, Suresh Yadav with Garasa, Lakun Yadav with pistol entered into the house of the informant along with Sarita Devi,

Bachi Devi and Gulabi Devi. The said accused persons assaulted Gendo Yadav, Khusbu Kumari and Koshlya Devi and snatched their ornaments.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the petitioner has no criminal antecedent and he is in custody in connection with this case since 17.08.2022.

It is further submitted that no firearm injury has been caused to anybody and there are general and omnibus allegations and no specific allegation has been leveled against the petitioner.

Mr. Uma Shankar Prasad Singh, learned APP for the State is present and has opposed the prayer for regular bail of the petitioner.

Having regard to the facts and circumstances of the case wherein it is submitted that no firearm injury has been caused to anybody, the quarrel took place on a petty matter, the petitioner who has otherwise no criminal antecedent has remained in custody since 17.08.2022, the investigation against him is complete and there being no submission on behalf of the State that his release at this stage is likely to result in tampering with the evidence or interfering with the course of trial or that

his presence cannot be secured in course of trial, this Court directs that the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Nawada in connection with Pakribrawan P.S. Case No. 181 of 2022, subject to the condition as laid down under Section 437 (3) Cr.P.C.

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 has concealed his criminal antecedent, the court below shall take steps 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.

(Rajeev Ranjan Prasad, J)

lekhi/-

U	T