Ravi Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13792 of 2021 Arising Out of PS. Case No.-584 Year-2020 Thana- MADHEPURA District- Madhepura ====================================================== RAVI YADAV Son of Darpi Yadav Resident of Village - Yadav Nagar Police Station - Madhepura, (Bharrahi O.P.), District - Madhepura. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Uday Chand Prasad For the Opposite Party/s :

Mr.Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-06-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard both parties.

The petitioner seeks bail in Madhepura P.S. Case No. 584 of 2020, registered for the offence punishable under Sections 307, 323, 302 and other allied sections of the Indian Penal Code.

As per the prosecution case, while the informant's nephew Dheeraj Kumar was returning from toilet and reached near Kamath of Chandeshwari Yadav, all the accused persons named in the FIR including this petitioner surrounded him and started abusing and beating. It is further alleged that at the instigation of Tilo Yadav, co-accused Bablesh Yadav gave an iron rod blow on his head causing injury to him. When the

Patna High Court CR. MISC. No.13792 of 2021(2) dt.30-06-2021 2/3 informant's son came to rescue him then all the accused persons also caught hold him and other co-accused Nitish Kumar gave a Dabia blow on his head causing bleeding on his head. Thereafter, all the accused person indiscriminately assaulted him with lathi. Later on, informant's son died during course of treatment.

It is submitted on behalf of the petitioner that petitioner is innocent and has committed no offence. No specific overt act has been raised against this petitioner rather allegation is general and omnibus in nature. FIR has been lodged after lapse of 11 days. Petitioner claims clean antecedent and he is in custody since 08.10.2020.

Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhepura in connection with Madhepura P.S. Case No. 584 of 2020, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the

Patna High Court CR. MISC. No.13792 of 2021(2) dt.30-06-2021 3/3 Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T