Chandradeo Yadav @ Chandar Yadav @ Chandan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23084 of 2020 Arising Out of PS. Case No.-14 Year-2020 Thana- ANDHRAMATH District- Madhubani ====================================================== 1.

CHANDRADEO YADAV @ CHANDAR YADAV @ CHANDAN YADAV Son of Dharam Narayan Yadav Resident of Village - Mahthaur, P.S.- Andharamath, Distt - Madhubani.

2.

Dharam Narayan Yadav Son of Late Baua Lal Yadav Resident of Village - Mahthaur, P.S.- Andharamath, Distt - Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Chandra, Advocate For the Opposite Party/s :

Smt. Nirmala Kumari (A.P.P) ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-09-2020 Heard Mr. Shashank Chandra, learned counsel for the petitioners and Smt. Nirmala Kumari, learned Additional Public Prosecutor appearing for the State through video conferencing. Petitioners seek regular bail in connection with Andharamath P.S. Case No. 14 of 2020 registered for the offences punishable under Section(s) 147, 148, 149, 341, 323, 324, 325, 307, 379 and 504 of the Indian Penal Code 1860. The allegation against the petitioners as per the First Information Report is that the petitioners along with the coaccused persons assaulted the informant by means of sword, iron rod etc and petitioner No. 1 took away Rs.1500/- from the pocket of the informant.

Patna High Court CR. MISC. No.23084 of 2020(2) dt.08-09-2020 2/3 Learned counsel for the petitioners submits that both the parties are co-villagers and there was a dispute relating to fishing from a pond situated in the village. Learned counsel further submits that there is case and counter case between the parties inasmuch as from the side of the petitioners also Andharamath P.S. Case No. 15 of 2020 has been instituted by the petitioner No. 1 against the informant and his family members for an occurrence which has taken place on the same date and time. Learned counsel referring to Annexures-3 and 3/1 which are injury reports of the informant submits that the allegation of assault upon the informant is by means of sword whereas all the injuries are found to be lacerated in nature and injury No. 7 is simple in nature. Learned counsel further submits that the petitioner is in custody since 13.02.2020 i.e. about more than six months.

Having regard to the submissions made by the parties and taking into consideration the fact that both the parties are co-villagers and there is case and counter case between them and the petitioners are in custody since 13.02.2020, I am inclined to grant regular bail to the petitioners. Accordingly, let the petitioners, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/-

Patna High Court CR. MISC. No.23084 of 2020(2) dt.08-09-2020 3/3 (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Jhanjharpur, Distt. Madhubani, in connection with Andharamath P.S. Case No. 14 of 2020.

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

(Anil Kumar Sinha, J) S.Ali/- U T