Haran Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr. Misc. No. 22026 of 2020 ====================================================== Haran Yadav, S/o Nanhak Yadav, R/o Chhapanna, P.S.-Ghosi, Distt.- Jehanabad.
... ... Petitioner
Versus
The State of Bihar .. ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Sanjeev Kumar Singh, Advocate For the Respondent State:
Mr. Arun Kumar Singh No.5, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 16-07-2020 Heard Mr. Sanjeev Kumar Singh, learned counsel appearing on behalf of the petitioner and Mr. Arun Kumar Singh No.5, learned Additional Public Prosecutor, for the State of Bihar.
This application for grant of regular bail arises out of Ghosi P.S. Case No. 346 of 2017, registered for the offence punishable under Section 341, 447, 448, 323, 504, 379 and 207/34 of the Indian Penal Code.
On perusal of the First Information Report, it is evident that the alleged occurrence is said to have taken place in the background of some dispute between the parties, which was existing then. It is alleged that the persons, named in the First Information Report including this petitioner, were hurling abuses, which was objected to by the informant and his family
members. It is alleged that thereafter the petitioner and other accused persons assaulted the informant, his mother, his father and his brother with lathi, danda etc. Allegedly, co-accused Anuj Yadav and Karu Yadav took away certain valuables also from the informant's house.
The petitioner is in custody since 07.12.2019. Learned counsel appearing on behalf of the petitioner has submitted that co-accused Anuj Yadav and Karu Yadav have been allowed regular bail by this Court by an order dated 02.07.2020 passed in Cr. Misc. No. 21389 of 2020. Considering the above mentioned submission and the statement made in paragraph 4 of the application that land dispute is the reason behind the occurrence, this application 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 C.J.M., Jehanabad, in Ghosi P.S. Case No. 346 of 2017. It is also indicated that defects, if any, shall be removed within two months from today.
Since there is a lock down, the Court has considered it appropriate to adopt following procedure for communication of the present order :-
(i) The order, which has been dictated during the course of the proceedings of virtual Court, shall be communicated to me on my e-mail I.D. by the Secretary. (ii) The corrected copy of the order shall be transmitted by me from my e-mail I.D. to the Secretary, which shall be treated to be the authentic copy of the order passed by this Court today in the present proceeding.
(iii) Hard copy of the order, duly signed by me, shall be preserved in my residential-office for documentation and future use, if any.
(iv) Let a copy of the order be communicated to the learned Court below through e-mail or any other appropriate electronic mode by the Registry.
Let steps be taken by the Registry for uploading of the present order without compromising with the norms of social distancing.
Before, I part with the present order, I have felt it necessary to record, in the interest of justice, though it is not related with the present case, that it is reported by the Court Master that there is a typographical error in the order dated 09.07.2020 passed by me in Cr. Misc. No. 83219 of 2019. Reportedly, the case was listed for correction of the typographical error earlier. The said order was passed with the aid of physical file. The Court is presently not taking physical
files because of sudden surge in COVID cases in the State of Bihar and administrative decisions taken consequent thereon. In such view of the matter, let the Registry take steps for listing of Cr. Misc. No. 83219 of 2019 tomorrow in virtual court, i.e. on 17.07.2020, even without physical or digital file, because of the minor nature of correction, which is reportedly required. If the Registry finds it impossible, for any reason, to get the matter listed tomorrow after obtaining necessary orders from Hon'ble the Chief Justice, the Court Master shall ensure that the link of tomorrow's virtual proceedings of my court (17.07.2020) is communicated to learned counsel for the petitioner and learned Additional Public Prosecutor appearing in Cr. Misc. No. 83219 of 2019, even if the said case is not listed before this Court for passing appropriate orders. (Chakradhari Sharan Singh, J) Pawan/- U T