Dadan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9442 of 2024 Arising Out of PS. Case No.-93 Year-2021 Thana- SATHI District- West Champaran ====================================================== Dadan Yadav S/o Late Jhapas Yadav R/o Vill - Basantpur, P.S. - Sathi, Dist. - West Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar, Adv.

For the Opposite Party/s :

Mr.Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Sathi P.S. Case No. 93 of 2021 lodged under Section 147, 148, 149, 341, 323, 447, 427, 307, 302, 504 of the I.P.C. read with Section 27 of the Arms Act.

3. As per the prosecution case, the F.I.R. has been lodged against eleven named accused persons including the petitioner against whom there is allegation that petitioner and other co-accused persons came at the hut of the informant and started uprooting informant's hut and at that time the petitioner and co-accused were equipped with fire arms and during that course co-accused Manan Yadav fired at Vinod Yadav who sustained firearm injury on his led and thereafter co-accused

Patna High Court CR. MISC. No.9442 of 2024(2) dt.20-02-2024 2/3 Vinod Yadav fired at Amar Yadav who sustained firearm injury on vital part of the body and fell down and thereafter other coaccused persons started firing and three persons sustained firearm injury in the occurrence and two of them died.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that there were 11 persons named in the F.I.R. save and except that his name is there and nothing whispered for his action and inaction about his case. He further submits that under conspiracy, petitioner's name has been inserted.

5. Counsel further submits that petitioner is in custody since 30.09.2023 having one criminal case pending against him in which he is on bail. He submits that charge-sheet has already been filed in this case.

6. Counsel also submits that the other co-accused has been granted bail by the Co-ordinate Bench of this Court vide order dated 23.08.2023 passed in Cr. Misc. No. 53606/2023.

7. Learned counsel for the State opposes the prayer for bail.

8. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/-

Patna High Court CR. MISC. No.9442 of 2024(2) dt.20-02-2024 3/3 (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial MagistrateBettiah, West Champaran in connection with Sathi P.S. Case No. 93 of 2021, subject to the following conditions as laid down under Section 437(3) of Cr.P.C.

9. However, the petitioner shall be granted bail only on being satisfied by the Trial Court that the petitioner is not absconding in any of the cases pending against him whose details are as follows:- i. Sathi P.S. Case No. 31 of 2015.

(Dr. Anshuman, J.) Prakashmani/- U T