Congress Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37108 of 2021 Arising Out of PS. Case No.-499 Year-2020 Thana- BANKA District- Banka ====================================================== CONGRESS YADAV SON OF UMA YADAV RESIDENT OF VILLAGEBHADARIYA, POLICE STATION-BANKA, DISTRICT BANKA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Mukherjee For the Opposite Party/s :
Mr.APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-12-2021 Heard learned counsel for the petitioner and learned counsel for the State.
Petitioner seeks bail in connection Banka P.S. Case no. 499 of 2020 registered for the offence punishable under sections 341, 342, 302/34 of the Indian Penal Code read with section 7 (C) of Protection from Lynching Act, 2017.
Learned counsel for the petitioner submits that petitioner is in custody since 19.2.2021 and is person with clean antecedent and charge sheet has been submitted. Learned counsel for the petitioner further submits that in the FIR, the informant alleges that he got information that his son was being assaulted by Kishundeo Yadav in his house after tying him in pillar of verandah. It is further alleged that the informant on getting information reached there and saw this petitioner along
Patna High Court CR. MISC. No.37108 of 2021(2) dt.07-12-2021 2/3 with seven other was assaulting his son after tying him and when they saw the informant, they threatened him and as such informant fled away from the place of occurrence and before the police reached at the place of occurrence, son of the informant died. Learned counsel for the petitioner submits that informant though alleges that he reached at the place of occurrence but then it is also alleged that he fled away from the place after the accused threatened him as such he is not eye-witness to the occurrence with regard to assault and who assaulted how. Learned counsel submits that allegations are general and omnibus in nature and further co-accused Kishundeo Yadav has been granted bail by order dated 27.8.2021 in Cr. Misc. no. 4757/2021 against whom it is alleged that it was in his house son of the informant was being assaulted.
Learned APP opposes the prayer for bail and submits that there is allegation against all accused persons named in the FIR regarding assaulting son of the informant as a result of which he died.
Considering the facts that petitioner is in jail custody and charge sheet has been submitted and is person with clean antecedent and co-accused has been granted bail, the petitioner is directed to be released on bail on furnishing bail bonds of Rs
Patna High Court CR. MISC. No.37108 of 2021(2) dt.07-12-2021 3/3 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Banka/ Successor court in Banka P.S. Case no. 499 of 2020 with condition that petitioner will mark his attendance in between 2025 of every month commencing from January, 2022 till the charges are not framed. In the event it is reported by local police that petitioner has not marked his attendance in between 20-25 of any of the month till framing of the charge, the learned court below will be at liberty to cancel his bail bond. (Satyavrat Verma, J) s.hassan/- U T