Uttam Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26593 of 2020 Arising Out of PS. Case No.-549 Year-2019 Thana- JAHANABAD District- Jehanabad ====================================================== Uttam Yadav , aged about 22 years, Gender - Male, Son of Ramashish Yadav, Resident of Village - Kodihara, Police Station - Masaurhi, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramakant Sharma, Sr. Advocate For the Opposite Party/s :

Mr. Anand Kishore Chaudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-12-2020 Heard Mr. Ramakant Sharma, learned counsel for the petitioner and Mr. Anand Kishore Chaudhary, learned counsel appearing for the State through video conferencing. Petitioner seeks regular bail in connection with Jehanabad (Karauna) P.S. Case No. 549 of 2019 registered for the offence under Section 147 / 148 / 149 / 302 / 379 / 506 /34 of the I.P.C.

The allegation as per the First Information Report is that the Randhir Yadav had called the husband of the informant and told that his stolen motorcycle has been traced and further in the evening the husband of the informant returned back and on 12.07.2019 the petitioner had called Randhir Yadav and on 14.07.2019 the husband of the informant was called by coaccused / Uday Yadav, Albela Yadav and Mani Yadav and they

Patna High Court CR. MISC. No.26593 of 2020(3) dt.03-12-2020 2/3 forcibly took her husband in a Scorpio vehicle near Rice Mill situated at Pipla More where other accused persons assaulted the husband of the informant brutally and when the informant tried to save her husband they snatched golden chain, mangalsutra of the informant. It is alleged that due to assault made by the accused the husband of the informant died in the hospital.

Learned senior counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged and from perusal of the First Information Report it would be evident that no role has been assigned to the petitioner that he assaulted the husband of the informant. Learned counsel further submits that it is alleged that merely on 12.07.2019 the petitioner had called Randhir Yadav and except this there is no material to connect the petitioner with the present offence. Learned counsel further submits that Police has falsely implicated the petitioner in this case with oblique motive and the petitioner is in custody since 06.01.2020. Having heard learned counsel for the parties and taking into consideration the materials available on record and the fact that there is no specific allegation against the petitioner of assault, I am inclined to grant regular bail to the petitioner.

Patna High Court CR. MISC. No.26593 of 2020(3) dt.03-12-2020 3/3 Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad in connection with Jehanabad (Karauna) P.S. Case No. 549 of 2019.

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

(Anil Kumar Sinha, J) praful/- U T