Harinandan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28600 of 2020 Arising Out of PS. Case No.-29 Year-2019 Thana- TANKUPPA District- Gaya ====================================================== 1.
HARINANDAN YADAV Son of Nanhaku Yadav Resident of Village - Darjiya Chak, P.S.- Tankuppa, District - Gaya. 2.
Ravindra Yadav Son of Nanhaku Yadav Resident of Village - Darjiya Chak, P.S.- Tankuppa, District - Gaya.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Baxi S.R.P. Sinha, Sr. Adv.
Mr.Sanjay Kumar, Adv.
For the Opposite Party/s :
Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-11-2020 Heard Mr. Baxi S.R.P. Sinha, learned senior counsel for the petitioners and Mr. Raj Ballabh Singh, Additional Public Prosecutor for the state through video conferencing.
2. Petitioners seek regular bail in connection with Tankuppa PS Case No. 29/2019 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 307, 302 of the IPC and Section 27 of the Arms Act.
3. The allegation against the petitioners, as per First Information Report, is that the petitioners along with 13 accused persons assaulted the son of the informant by means of Lathi, Danda and rod causing death of his son.
4. Learned senior counsel for the petitioners submits that there is no specific allegation of assault against these
Patna High Court CR. MISC. No.28600 of 2020(2) dt.24-11-2020 2/3 petitioners and there is general and omnibus allegation against them along with other 13 named accused persons in the FIR. Learned senior counsel further submits that single head injury has been found on the person of the deceased which was cause of the death. Learned senior counsel also submits that similarly situated co-accused, namely, Gorelal Yadav has been granted bail by this Court in Cr. Misc. No. 67869/2019.
5. Learned senior counsel further submits that the petitioner is in custody since 19.03.2020.
6. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that similarly situated co-accused has been granted bail by this Court, I am inclined to grant regular bail to the petitioner subject to the conditions that (1) the petitioner shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner (2) both the bailors shall be resident of the territorial jurisdiction of the learned court below, (3) the petitioner shall not leave the country without permission of the learned trial court.
7. Accordingly, let the petitioners, named above, be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty
Patna High Court CR. MISC. No.28600 of 2020(2) dt.24-11-2020 3/3 Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, 1st, Gaya in connection with Tankuppa PS Case No. 29/2019.
8. It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines of social distancing.
(Anil Kumar Sinha, J) perwez U T