Bulet Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27097 of 2020 Arising Out of PS. Case No.-246 Year-2018 Thana- THAWE District- Gopalganj ====================================================== BULET YADAV Son of Krishna Yadav @ Krishna Chaudhary Resident of Village - Dhatiwana, P.S.- Thawe, Distt.- Gopalganj. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shubhesh Pandey, Advocate.
For the Opposite Party/s :
Mr. Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-11-2020 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual Court proceedings. Since the physical court proceeding is non-functional, due to present pandemic, COVID-19, the matter is listed with defects.
Learned counsel for the petitioner undertakes to remove the defects within three weeks of resumption of physical court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 337, 338, 379, 436, 427, 506, 295, 295 A and 307 of the Indian Penal Code.
Patna High Court CR. MISC. No.27097 of 2020(2) dt.27-11-2020 2/3 While the informant was constructing a mosque on his land, the petitioners in association of several other persons are said to have tried to damage the mosque. They also assaulted the informant.
It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case due to dirty village politics. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. As a matter of fact, Title Suit No.800 of 2016 is pending on the land in question and the informant with an intention to grab the said land started constructing a mosque to disturb the communal harmony in the peaceful society of the area. He has no criminal antecedent. Various similarly situated co-accused have been enlarged on bail by different co-ordinate bench of this Court. Learned counsel for the petitioner in support of his submission has annexed an order granting bail to the similarly situated coaccused as Annexure-2 to this bail application. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail
Patna High Court CR. MISC. No.27097 of 2020(2) dt.27-11-2020 3/3 bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj in connection with Thawe P.S. Case No.246 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) Trivedi/- U T