Mrityunjay Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19001 of 2020 Arising Out of PS. Case No.-176 Year-2019 Thana- MADANPUR District- Aurangabad ====================================================== Mrityunjay Yadav Son of Late Sudhir Yadav Resident of Village- Banokhar, Tola- Munshi Bigha, P.S.- Madanpur, District- Aurangabad (Bihar). ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar Pandey No.5 For the Opposite Party/s :
Mrs.Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.
05-06-2020 Heard learned counsel for the parties through video conferencing.
This relates to grant of bail in Madanpur P.S. Case No. 176 of 2019 (G.R. No. 1489 of 2019) registered for the offence under Sections 147, 148, 149, 506, 504, 307 and 302 of the Indian Penal Code.
As per First Information Report, all the F.I.R. named persons, including petitioner, were planting paddy crop in the field of informant, which was objected by the father of informant, and thereafter, all the accused persons assaulted father of informant by different weapons, as stated in F.I.R., as a result of which, the father of the informant died on the spot. It is submitted on behalf of petitioner that petitioner is innocent and has committed no offence, as alleged in the F.I.R. It is further submitted that allegation of giving fire-arm injury on the head of deceased is against co-accused Puranjay Yadav. It
Patna High Court CR. MISC. No.19001 of 2020(2) dt.05-06-2020 2/2 is submitted that similarly situated co-accused Mantu Yadav has already been granted bail by this Court, vide order dated 22-01-2020 passed in Cr. Misc. No. 2848 of 2020 (Annexure - 3). The petitioner has clean antecedent and he is in custody since 01-02-2020.
Considering the aforesaid facts and circumstances, the bail application is allowed.
Let the above-named petitioner 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 learned C.J.M., Aurangabad in connection with Madanpur P.S. Case No. 176 of 2019 (G.R. No. 1489 of 2019) on the following conditions:
"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present, as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail."
(Prabhat Kumar Singh, J.) anay U T