Ramadhar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 15335 of 2021 Arising Out of PS. Case No.-24 Year-2020 Thana- DHIBRA District- Aurangabad ====================================================== RAMADHAR YADAV S/O MUNARIK YADAV R/o village- Kewlha, P.O.- Singhna, P.S.- Dhhibra, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Anil Kumar Sinha, Advocate For the Opposite Party/s :

Mr Md Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 05-03-2021 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Dhhibra Police Station (for brevity, PS) Case No 24 of 2020 instituted for the offence punishable under Sections 341, 323, 326, 307, 504, 306/34 of Indian Penal Code and Section 27 of Arms Act. Wife of the informant has allegedly been assaulted by the petitioner along with two co-accused persons. Learned counsel for the petitioner submits that even as per prosecution case, specific assault is attributed against coaccused Sanjay Yadav and Vijay Yadav. Petitioner is stated to be exhorting the persons. He is aged about 70 years old and has falsely been implicated in this case. Other than restatement of the informant, nothing has come in the investigation to suggest the petitioner's participation in the occurrence and the petitioner is in custody since 18.10.2020. He bears no criminal antecedent.

Patna High Court CR. MISC. No.15335 of 2021(3) dt.05-03-2021 2/2 Learned APP has opposed the prayer for bail.

Considering the rival submissions, prayer for bail is allowed. Let the petitioner, above named, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad in Dhhibra PS Case No 24 of 2020 subject to the following conditions:- (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

Learned counsel for the petitioner is expected to honour his undertaking given in the instant proceedings today for depositing requisite Court fee and removing the defect (s), as pointed out, when called upon to do so.

(Madhuresh Prasad, J) M.E.H./- U T