Ramdeo Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35184 of 2021 Arising Out of PS. Case No.-283 Year-2020 Thana- TRIVENIGANJ District- Supaul ====================================================== RAMDEO YADAV Son of Late Chhutharu Yadav Resident of Village - Karnpatti, P.S.- Triveniganj, Distt.- Supaul. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prafull Chandra Thakur, Advocate For the Opposite Party/s :
Mr. Dilip Kumar No.1, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-04-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing for the State. Petitioner seeks regular bail in connection with Triveniganj P.S. Case No. 283 of 2020 registered for the offences punishable under Sections 326, 302, 120-B/34 of the Indian Penal Code 1860, Section 27 of the Arms Act, Sections 3, 4 and 5 of Witch Craft (Dian) Prohibition Act, 1999. The allegation in nutshell is that the informant was sleeping near the door and his wife was sleeping on verrandah and on the hearing of sound of gun shot in the night, he rushed there and found that his wife had sustained gun shot injury in her head, due to which, she died on way to the hospital. The informant has given the names of accused persons who are the neighbours as suspects and has stated that they used to call the
Patna High Court CR. MISC. No.35184 of 2021(4) dt.21-04-2022 2/3 wife of the informant as witch (Dian).
Learned counsel for the petitioner submits that nobody has seen the occurrence and there is no eye witness to the same, and on account of suspicion only, the petitioner along with the neighbours and others have been made accused. He further submits that there is no specific allegation against the petitioner and he has got no criminal antecedent. He next submits that similarly situated co-accused persons have been granted bail by this Court as well as a co-ordinate Bench of this Court in Cr. Misc. 50382/2021 and 22063/2021 respectively, the petitioner is in custody since 22.2.2021 and charge sheet has already been submitted.
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 have been granted bail by this Court, the petitioner is in custody since 22.2.2021 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 ACJM 1st, Supaul, in connection with
Patna High Court CR. MISC. No.35184 of 2021(4) dt.21-04-2022 3/3 Triveniganj P.S. Case No. 283/2020 subject to the following conditions:- (i) that petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his bail-bond shall be cancelled by the court below.
(ii) that if the petitioner tampers with the evidence of the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Anil Kumar Sinha, J) S.Ali/- U T