Sadhu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8095 of 2019 Arising Out of PS. Case No.-729 Year-2018 Thana- TURKAULIYA District- East Champaran ====================================================== MOHAN RAI, Son of Sajaval Ray. Resident of Jaysinghpur Karmawa, P.S. - Turkauliya, District - East Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 25636 of 2019 Arising Out of PS. Case No.-729 Year-2018 Thana- TURKAULIYA District- East Champaran ====================================================== SADHU YADAV, Son of Shambhu Ray, Resident of Village- Jaisinghpur Jathara, P.S.- Turkauliya, District- East Champaran. ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 8095 of 2019) For the Petitioner/s :

Mr.Krishna Kant Singh For the Opposite Party/s :

Mr.Rajiv Nayan (App 231) (In CRIMINAL MISCELLANEOUS No. 25636 of 2019) For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-04-2019 Heard learned counsel for the petitioners as well as learned counsel for the informant and learned APP for the State. Petitioners seek bail in a case registered for the offences punishable under Sections 147, 148, 149, 341 and 302 of the Indian Penal Code.

The allegation of commission of murderous assault

Patna High Court CR. MISC. No.8095 of 2019(3) dt.26-04-2019 2/3 is against three named accused persons namely, Jitendra Rai, Gabbar Rai and Dilip Rai.

Allegation against the petitioners and others is that they had taken hold of the deceased at the time of commission of assault.

Submission is of false implication due to family dispute. Petitioners are in custody since 04.11.2018 and 21.01.2019, respectively. Investigation of the case is already complete.

Learned counsel for the informant opposed the prayer for bail and submits that act of the petitioners would show that they were carrying common intention along with the main assailants.

Considering the entire facts, let the petitioners, above named, be released on bail after framing of the charges on furnishing bail bonds of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Turkauliya Police Station Case No.729 of 2018, subject to condition that both the bailors shall be resident of within the territorial jurisdiction of the learned court below and the petitioners shall fully co-operate with the trial of the case,

Patna High Court CR. MISC. No.8095 of 2019(3) dt.26-04-2019 3/3 failing which the court below shall be at liberty to cancel the bail bonds of the petitioners.

(Birendra Kumar, J) abhishek/- U T