Ghuto Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25019 of 2025 Arising Out of PS. Case No.-1011 Year-2023 Thana- LAKHISARAI District- Lakhisarai ====================================================== 1.
Ghuto Yadav S/o Rambalak Yadav R/o Lakhisarai Bypass, Behind St. JOseph School, P.S.- Lakhisarai (Kabaiya), District- Lakhisarai 2.
Pado Yadav @ Kanhaiya Kumar S/o Sukhdev Yadav R/o Pachana Road, Kiul Bastri, P.S.- Lakhisarai (Kabaiya), District- Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vipin Kumar, Advocate For the Opposite Party/s :
Mr. Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 21-05-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in connection with Lakhisarai (Kabaiya) P.S. Case No. 1011 of 2023 registered for the offences under Sections 307, 452, 341, 323, 324, 354(B), 427, 379 and 34 of the Indian Penal Code.
As per the prosecution case, the petitioners and other accused persons are alleged to have assaulted the informant and others and had even disrobed the informant during the scuffle. It has further been alleged that all the named accused persons had caused numerous injuries to various persons belonging to the informant's family.
4. Learned counsel for the petitioners submits that the petitioners are innocent and there is general and omnibus
2/4 allegations against all. It has also been submitted that though the petitioner no. 2 is alleged to have assaulted one Dhiraj Kumar causing grievous injuries on his face but the same was not found to be dangerous to life. The learned counsel has further submitted that the petitioner no. 2 has clean antecedent and he is in judicial custody since 10.01.2025. The learned counsel next submits that as far as petitioner no. 1 is concerned, the allegation upon him is to disrobe the informant and apart from the said there is no specific allegation against the petitioner no. 1. It is also submitted that co-accused Chamo Yadav has already been enlarged on bail vide order dated 04.12.2024 passed in Cr. Misc. No. 82439 of 2024 by a coordinate Bench of this Court. It is lastly submitted that the petitioner no. 1 has one criminal case and he has been in judicial custody since 10.01.2025.
5. Learned APP for the State opposes the prayer for bail of the petitioner.
6. Considering the aforesaid submissions made by the respective parties and the nature of allegations and also taking into account that the charge sheet has already been submitted and the fact that a similarly situated co-accused namely Chamo Yadav has already been enlarged on bail by a coordinate Bench
3/4 of this Court, let the petitioners, above named, be released on bail on each of them furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai in connection with Lakhisarai (Kabaiya) P.S. Case no 1011 of 2023 subject to the following conditions:
a. One of the bailors of the petitioners shall be their close relative.
b. The petitioners shall remain physically present in Court on each date of the trial.
c. In case of absence on two consecutive dates, or in violation of the terms of the bail and if the prosecution is found involvement of the petitioners in similar nature of offence, the bail bond of the petitioners will be liable to be canceled by the Court concerned.
d. And further condition that the court below shall verify the criminal antecedents of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioners.
4/4 However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Sourendra Pandey, J) Prakash/- U