Uday Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22864 of 2021 Arising Out of PS. Case No.-101 Year-2020 Thana- CHAUSA District- Madhepura ====================================================== UDAY YADAV S/o- Late Mahavir Yadav R/o Village- Fulaut Purbi (Phalaut Purbi), P.S.- Chausa (Fulaut O.P.), Dist- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar, Adv For the Opposite Party/s :

Mr.Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 09-12-2021 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. Petitioner who is in custody since 11.07.2020 seeks regular bail in connection with Chausa (Fulaut O.P.) P.S. Case No. 101 of 2020 registered for offences punishable under Sections 147, 148, 149, 341, 342, 323, 324, 307, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act. Prosecution case is that petitioner along with other persons has been alleged to assault the informant and there is direct accusation against one Kari Yadav who is said to have opened fire which hit the informant.

Learned counsel appearing on behalf of the petitioner submits that there is a land dispute between the parties. He further submits that there is general and omnibus allegation against the petitioner and the parties are agnates. Learned A.P.P., however, opposes the prayer for bail.

Patna High Court CR. MISC. No.22864 of 2021(3) dt.09-12-2021 2/2 Considering the above mentioned facts and circumstances of the case, there is no specific or direct allegation attributable to the petitioner and there is land dispute between the parties, let the petitioner above named, be released on bail upon furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., UdaKishunganj, DistrictMadhepura in connection with Chausa (Fulaut O.P.) P.S. Case No. 101 of 2020 subject to the following conditions: (i) Bailors should be local having sufficient immovable property within the jurisdiction of the Court concerned. (ii) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court.

(iii) If the petitioner tempers 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. The supplementary affidavit which has been filed today itself through e-mail is kept on the record of this case.