Patna High CourtCR. MISC./10132/2020bail granted

Fuchcho Yadav v. The State Of Bihar

2021-03-03Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10132 of 2020 Arising Out of PS. Case No.-676 Year-2018 Thana- NATHNAGAR DistrictBhagalpur ====================================================== Fuchcho Yadav S/o Rashu Yadav Resident of Village- Raghopur Tikar, P.S.- (Nathnagar) Madhusudanpur (Nurpur), Distt- Bhagalpur. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Dhirendra Nath Jha, Advocate For the State :

Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 03-03-2021 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner, who is in custody since 07.11.2018, has renewed his prayer for bail in connection with Nathnagar (Madhusudanpur) P.S. Case No. 676 of 2018 for the offences alleged under Sections 147, 148, 149 and 302 of the Indian Penal Code having earlier been rejected by this Court by order dated 11.06.2019 in Criminal Miscellaneous No. 36296 of 2019.

3. It is submitted that the thrust of accusation is against co-accused Lagga Yadav who is said to have given knife blow to the deceased Bachchu Yadav, son of the informant. No overt act whatsoever has been alleged against the petitioner who is simply said to have accompanied the other co-accused persons. The case of the petitioner stands on better footing than co-

Patna High Court CR. MISC. No.10132 of 2020(6) dt.03-03-2021 2/2 accused Boudhu Yadav who allegedly held the deceased while he was struck by Lagga Yadav. The said Boudhu Yadav has been granted bail by this Court in Cr. Misc. No. 42298 of 2019. It is evident from the F.I.R. itself that there is land dispute among the parties. The petitioner has already suffered about three years in custody, and claims clean antecedents.

4. Learned APP appears and has been heard.

5. Be that as it may and having regard to the period of custody already suffered since 07.11.2018, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned A.D.J.-VI, Bhagalpur in connection with Sessions Trial No. 506 of 2019 arising out of Nathnagar (Madhusudanpur) P.S. Case No. 676 of 2018, if he is not otherwise required in any other case.

(Vikash Jain, J) Ibrar//- U T