Basdi Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25118 of 2020 Arising Out of PS. Case No.-359 Year-2018 Thana- SABAUR District- Bhagalpur ====================================================== 1.

BASDI YADAV, aged about 38 years, Male, S/o Ram Yadav, Resident of Village-Alinagar, P.S.-Sabour, District-Bhagalpur. 2.

Rasiklal Yadav, aged about 33 years, Male, S/o Ram Yadav, Resident of Village-Alinagar, P.S.-Sabour, District-Bhagalpur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjan Kumar Jha For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-09-2020 Heard both sides through video conferencing.

The petitioners seek bail in Sabour P.S. Case No.359 of 2018, giving rise to S.T. No.497/2020, registered under Sections 147, 148, 341, 323, 324, 325 and 307 of the Indian Penal Code. Later on Section 302 of the Indian Penal Code was added. The informant-deceased himself alleged that on 22.12.2018 at about 2.00 A.M. when he came out from his house to urinate, his neighbours, namely, Ranjeet Yadav, Masudan Yadav, Ram Yadav, Basdi Yadav, petitioner no.1 and Rasiklal Yadav, petitioner no.2 caught him and dragged him inside the house. They brutally assaulted the informant and threw him behind the house presuming him to be dead.

Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.25118 of 2020(2) dt.23-09-2020 2/2 prayer for bail of the petitioners was earlier rejected vide order dated 16.03.2020, passed in Cr. Misc. No.77233 of 2019 with a direction that the petitioners may renew their prayer for bail after remaining one year in custody. It is further submitted that similarly situated other accused persons, namely, Ram Yadav and Masudan Yadav were granted bail vide order dated 11.09.2019 and 30.06.2020, passed in Cr. Misc. No.35385 of 2019 and Cr. Misc. No.20218 of 2020.

Taking into consideration the facts that similarly situated accused persons have already been granted bail, the petitioners have remained in jail since 10.07.2019 and they have remained in jail for more than one year, petitioners, namely, Basdi Yadav and Rasiklal Yadav are directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.D.J.-IX, Bhagalpur in connection with Sabour P.S. Case No.359 of 2018, giving rise to S.T. No.497/2020.

(Prabhat Kumar Jha, J) S.KUMAR/- U T