Gandhi Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30501 of 2021 Arising Out of PS. Case No.-155 Year-2020 Thana- ISHAKCHAK District- Bhagalpur ====================================================== GANDHI YADAV Son of Late Siyaram Yadav Resident of Village - Banderhara, P.S.- Pasraha, Distt.- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Viveka Nand Singh, Advocate For the informant :

Mr. Manoj Kumar, Advocate For the State :

Mr. Ganesh Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-12-2021 Heard Mr. Viveka Nand Singh, learned counsel for the petitioner, Mr. Manoj Kumar, learned counsel for the informant and Mr. Ganesh Prasad Singh, learned Additional Public Prosecutor appearing for the State.

Petitioner seeks regular bail in connection with Ishakchak P.S. Case No. 155 of 2020 registered for the offences punishable under Sections 302, 120(B) of the Indian Penal Code 1860 and Section 27 of the Arms Act. The allegation as per the First Information Report is that five accused persons alleged to have fired upon brother-in-law of the informant, due to which, he died on the spot.

2/4 Learned counsel for the petitioner submits that the petitioner is not the assailant and his name has come in the First Information Report as one of the conspirators. Learned counsel further submits that the petitioner has been dragged in this case due to political rivalry. He next submits that wife of the petitioner is Sarpanch and wife of the deceased is Mukhiya of Bandehra Panchayat. He next submits that the deceased was having criminal antecedent as stated in paragraph-19 of the bail application. He further submits that similarly situated co-accused persons having the same allegation of conspiracy namely, Birbal Yadav and Niranjan Yadav @ Niranjan Kumar have been granted bail by a co-ordinate Bench of this Court as conspirators in Cr. Misc. 30173 of 2021 and 24019 of 2021 respectively. The petitioner is in custody since 21.1.

2021, charge sheet has already been submitted and there is no likelihood that the petitioner will abscond or tamper with the evidence.

3/4 pursuance thereof, the named accused persons fired upon the brother-in-law of the informant.

Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that similarly situated co-accused persons having similar allegation have been granted bail by coordinate Benches of this Court, the petitioner is in custody since 21.1.2021 and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur, in connection with Ishakchak P.S. Case No. 155 of 2020 subject to the following conditions:- i) that the 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

4/4 shall be cancelled by the court below.

ii) that 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.

It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T