Pappu Yadav vs State Of Bihar

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.

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.

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.

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.

Learned APP submitted that the allegation of firing is against the petitioner also.

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 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.

The application stands disposed off in the aforementioned terms.