Dhorai Yadav @ Dhorhai Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22415 of 2022 Arising Out of PS. Case No.-448 Year-2021 Thana- MAJHAULIA District- West Champaran ====================================================== DHORAI YADAV @ DHORHAI YADAV, Son of Shiv Yadav, Resident of village - Gudara Bintoli Ward No.- 01, P.S.- Majhaulia, District - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra, Advocate For the Opposite Party/s :

Mr.Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 09-01-2023 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Majhaulia P.S. Case No. 448 of 2021 registered for the offence punishable under Sections 302, 120(B) and 34 of the Indian Penal Code. Informant's mother has been stabbed in her abdomen, as per allegation, while she was sleeping in the night. Learned counsel for the petitioner submits that the petitioner has been made a named accused along with 5 others. The allegation itself is self-contradictory inasmuch as it states that the perpetrators were running with their faces covered, however, petitioner along with others have been made named accused. The implication is based on subsisting dispute between the parties and the fact that some altercation had taken place between the family members of the deceased and the petitioner one day prior to the alleged occurrence. The petitioner is in custody since 27.02.2022.

Patna High Court CR. MISC. No.22415 of 2022(3) dt.09-01-2023 2/3 The other accused persons namely Vishun Yadav, Karan Yadav and Lalbihari Kumar Yadav have been allowed anticipatory bail on 30.11.2022 in Cr. Misc. No. 23056 of 2022 and analogous case. Coaccused Shiv Yadav has been allowed bail in Cr. Misc. No. 4195 of 2022. The petitioner has one criminal antecedent, as per disclosure made in paragraph 3 of the bail application, in which he is on bail. Learned APP for the State has opposed the prayer for bail. It is submitted that petitioner is named accused. He, however, is not in a position to deny the fact of grant of bail to other co-accused persons.

Considering the rival submissions, petitioner's claim based on parity, manner of his implication and custody, this Court, for the purposes of grant of bail, is inclined to accept the submissions advanced by the petitioner's counsel.

Prayer for bail of the petitioner is allowed. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, District-West Champaran, in connection with Majhaulia P. S. Case No. 448 of 2021, 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 each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

This Court would expect that the petitioner's counsel

Patna High Court CR. MISC. No.22415 of 2022(3) dt.09-01-2023 3/3 would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office.

(Madhuresh Prasad, J) shashank/- U T