Jaglal Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18201 of 2021 Arising Out of PS. Case No.-205 Year-2020 Thana- SHERGHATI District- Gaya ====================================================== Jaglal Yadav, aged about 68 years, male, Son Of Late Doman Yadav Resident Of Village- Sherpur, Police Station- Sherghati, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar, Adv.
For the Opposite Party/s :
Mr. Bharat Bhushan APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 25-10-2021 Heard learned Counsel for the petitioner and the learned Counsel for the State.
This Court would expect that the petitioner's Counsel would honour his undertaking in the instant proceedings regarding supply of requisite Court fee etc. within two weeks from the date he is called upon to do so by the office. Petitioner seeks bail in Sherghati PS Case No. 205 of 2020 registered under Sections 147, 148, 149, 341, 324, 307, 302, 504 and 506 of the Indian Penal Code Informant has alleged that total 22 persons assaulted his father due to land dispute leading to his death. Specific assault is alleged against Niranjan Yadav and
Patna High Court CR. MISC. No.18201 of 2021(2) dt.25-10-2021 2/3 the entire family members have been implicated due to subsisting land dispute. As per averments made in paragraph no.3 of the bail petition, there is one case pending against the petitioner since before in which he is not on bail. He is languishing in custody since 02.08.2020. Similarly situated coaccused, namely Dilip Kumar, Deoroop Yadav, Rakesh Yadav and Surendra Yadav have been granted bail vide order passed in Cr. Misc. Nos. 28992 of 2020 and 5034 of 2021 respectively. Learned APP has opposed the prayer for bail.
Considering the rival submissions as also the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M. Sherghati, District Gaya in Sherghati PS Case No. 205 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
Patna High Court CR. MISC. No.18201 of 2021(2) dt.25-10-2021 3/3 each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.
(Madhuresh Prasad, J) shyambihari/- U T