Bunel Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26146 of 2022 Arising Out of PS. Case No.-468 Year-2021 Thana- MAJHAULIA District- West Champaran ====================================================== Bunel Yadav S/o vijay Yadav Resident of Village - Majhariya Shekh, Ward No. 1, P.S. - Majhauliya, District - West Champaran. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :
Mr.Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-08-2022 Heard learned counsel for the petitioner and learned APP for the State in Virtual Court Proceeding. Let the defect(s), if any, as pointed out by the office, be removed within four weeks.
The petitioner is in custody in connection with Majhauliya P.S. Case No. 468 of 2021 under sections 304, 201, 34 of the Indian Penal Code.
As per the allegation in the FIR, the informant has alleged that the accused persons including the petitioner herein had put a live aluminum electric wire around his land and had run the electricity in the said wire and when his wife was returning home, she got stuck in the live wire which caused her immediate death. The further allegation is that when the accused persons came to know about the death, they
Patna High Court CR. MISC. No.26146 of 2022(2) dt.12-08-2022 2/3 immediately started unwinding the wire and also tried to cover the body. Accordingly, the present FIR was lodged. Learned counsel for the petitioner submits that even going by the allegation in the FIR, there was no intention on their part to cause death of anyone much less the informant's wife. They were only trying to protect the land from stray animal but unfortunately it led to death of a woman. It is further submitted by him that some of the similar placed coaccused namely Santosh Yadav, Awadhesh Yadav and Vijay Yadav have since been allowed the privilege of anticipatory bail vide Cr. Misc. No. 18549 of 2022 on 22.4.2022 (as stated in para-13 of the bail application). It is lastly submitted that he is in custody since 25.2.2022 (as stated in para-18 of the bail application).
Considering the fact that the case is registered under sections 304, 201, 34 of the Indian Penal Code, some coaccused have since been granted bail as stated aforesaid, the petitioner is in custody since 25.2.2022 and charge-sheet stands submitted, this Court is inclined to grant him the privilege of bail.
Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of
Patna High Court CR. MISC. No.26146 of 2022(2) dt.12-08-2022 3/3 like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Majhauliya P.S. Case No. 468 of 2021 subject to the following conditions: (i) one of the bailors should be the family members of the petitioner, who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;
(iii) he shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of his bail bonds.
With the aforesaid observations, the bail application is allowed.
(Rajiv Roy, J) Ravi/- U T