Tulsi Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28746 of 2020 Arising Out of PS. Case No.-475 Year-2019 Thana- NAUTAN District- West Champaran ====================================================== TULSI YADAV Son of Late Bhutali Yadav Resident of Village- Ahir Toli Ward No.09, Police Station- Nautan, District- West Champaran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar No 7 For the Opposite Party/s :

Mr. Abhay Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 14-12-2020 Heard the learned counsel for the petitioner and Shri Abhay Kumar No.1, the learned A.P.P. appearing for the State.

The petitioner seeks regular bail in connection with Nautan P.S. Case No. 475 of 2019 for the offence punishable under Sections 302, 504 and other allied sections of the Indian Penal Code.

The allegation is regarding 12 FIR named accused persons, on account of land dispute, having assaulted the husband of the informant causing his death. Specific allegation of assault is against co-accused Golu Yadav, who is stated to have inflicted farsa blow on the head of the husband of the informant, causing grievous injury to him.

The learned counsel for the petitioner has

Patna High Court CR. MISC. No.28746 of 2020(3) dt.14-12-2020 2/3 submitted that the petitioner is innocent, has been falsely implicated in the present case, is having a clean antecedent and is languishing in custody since 14.12.2019. The learned counsel for the petitioner has further submitted that there is no specific allegation against the petitioner of having engaged in any sort of overt act and specific allegation of assaulting the husband of the informant by farsa is against the co-accused person namely Golu Yadav. It is further submitted that similarly situated coaccused person Guddu Yadav has already been granted bail by a co-ordinate Bench of this Court vide order dated 08.12.2020 passed in Cr. Misc. No. 28296 of 2020.

Per contra, the learned Additional Public Prosecutor has vehemently opposed the prayer for regular bail, made by the petitioner.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the parity of the case of the petitioner with that of the co-accused person, who has already been granted bail by a co-ordinate Bench of this Court, apart from the fact that specific allegation of assault is against the co-accused person namely Golu Yadav, I deem it fit and proper to direct for release of the petitioner on regular bail.

Patna High Court CR. MISC. No.28746 of 2020(3) dt.14-12-2020 3/3 Accordingly, the petitioner, above named, is directed to be released on regular bail on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Nautan P.S. Case No. 475 of 2019.

(Mohit Kumar Shah, J) Tiwary/- U T