Ram Adhikari Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30531 of 2021 Arising Out of PS. Case No.-114 Year-2020 Thana- BISFI District- Madhubani ====================================================== 1.

RAM ADHIKARI YADAV Son of Late Asharfi Yadav Resident of Village - Chandra Bana, P.S. - Bisfi (Patauna), District - Madhubani. 2.

Koshila Yadav @ Koshi Yadav Son of Ram Adhikari Yadav Resident of Village - Chandra Bana, P.S. - Bisfi (Patauna), District - Madhubani. 3.

Sakal Deo Yadav Son of Ram Adhikari Yadav Resident of Village - Chandra Bana, P.S. - Bisfi (Patauna), District - Madhubani. 4.

Ashok Kumar Yadav Son of Ram Bahadur Yadav Resident of Village - Chandra Bana, P.S. - Bisfi (Patauna), District - Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Prakash For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-12-2021 Heard the learned counsel for the petitioners and the learned APP for the State.

The petitioners seek regular bail in connection with Bisfi PS case no. 114 of 2020 instituted for the offences punishable under Section 307 and other sections of Indian Penal Code.

The allegation is regarding accused persons including the petitioner herein having pressurised the father of the informant to withdraw the criminal case filed by him. It is further alleged that the accused persons had then

Patna High Court CR. MISC. No.30531 of 2021(2) dt.09-12-2021 2/3 abused and assaulted the informant and his father. The co-accused person namely Ravindra Yadav is stated to have hit the father of the informant with an axe causing grievous injury. The learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in the present case. It is further submitted that as far as petitioners no. 1 to 3 are concerned, they are languishing in custody since 04.12.2020 and as far as petitioner no. 4 is concerned, he is languishing in custody since 28.11.2020. It is further submitted that the main allegation of assault is on the co-accused person namely Ravindra Yadav and he has already been granted bail by a co-ordinate Bench of this Court vide order dated 22.02.2021, passed in Cr. Misc. no. 35713 of 2020. Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering the fact that there is no specific allegation of any sort of overt act having been resorted to by the petitioners herein as also taking into account the fact that the main accused has already been granted bail by a co-ordinate

Patna High Court CR. MISC. No.30531 of 2021(2) dt.09-12-2021 3/3 Bench of this Court, I deem it fit and proper to admit the petitioner to the privilege of bail. Accordingly, the abovenamed petitioners are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of learned court of A.C.J.M.-1st, Benipatti, Madhubani in connection with Bisfi PS case no. 114 of 2020.

(Mohit Kumar Shah, J) rinkee/- U T