Indradev Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24767 of 2020 Arising Out of PS. Case No.-14 Year-2020 Thana- DHANGAI District- Gaya ====================================================== 1.

Indradev Yadav, Male, aged about 50 years S/o- Gahanu Yadav Resident of Village- Gewal Karma, P.S.- Barachatti, Dist- Gaya, Bihar 2.

Pradeep Kumar, Male, aged about 21 years S/o- Umesh Yadav Resident of Village- Gewal Karma, P.S.- Barachatti, Dist- Gaya, Bihar ... ... Petitioners

Versus

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

For the Petitioner :

Mr.Vishal Vikram Rana, Advocate For the Opposite Party :

Dr.Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 23-09-2020 Heard learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the State. The petitioners are in custody in connection with Dhangai P.S. Case No. 14 of 2020 for the offences under Sections 147, 148, 149, 342, 448, 452, 323, 325, 307, 354, 504, 427 and 379 of the Indian Penal Code and Sections 3(1)®(s)/ 3(2)(ra)/3(2)(v) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act. Learned counsel appearing on behalf of the petitioners submits that the petitioners have no criminal antecedents. The prosecution case, in brief, is that one Mahadeo Yadav son of Shiva Yadav had fallen down from the roof of his house and died in the accident during his treatment in the hospital. The family members of Mahadeo Yadav and his relatives stated that Mahadeo Yadav was administered poisonous and spurious Tari (toddy) and that

Patna High Court CR. MISC. No.24767 of 2020(2) dt.23-09-2020 2/2 is why in retaliation, they ransacked the house of the informant and his family members were assaulted.

Learned counsel for the petitioners submits that the petitioners were suspected in participation of ransacking the house of the informant and assaulting his family members. Petitioners are in custody since 17.04.2020.

Considering the fact that the petitioners have no criminal antecedents and they have remained in custody for more than five months, the Court is inclined to grant bail to them subject to the condition that the petitioners have to deposit Rs. 10,000/- in cash. On depositing the amount of Rs.10,000/- each, the petitioners, named above, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the Special Judge SC/ST Act, Gaya in connection with Dhangai P.S. Case No. 14 of 2020. Deposit of Rs.10,000/- (Rupees ten thousand) shall abide by final outcome of the instant criminal case. (Anil Kumar Upadhyay, J) BT/- U