Prem Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33278 of 2022 Arising Out of PS. Case No.-335 Year-2019 Thana- JHAJHA District- Jamui ====================================================== PREM YADAV Son of Late Ramu Yadav Resident of Village - Belatand, P.s.- Jhajha, Distt.- Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satya Prakash Parasar For the Opposite Party/s :

Mr. Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of regular bail, arises out of Jhanjha Police Station Case no. 335 of 2019 dated 12.11.2019, registered under Sections 147/148/149/447/302/201 of the Indian Penal Code.

The prosecution story, as per the First Information Report, is that the petitioner along with three to four persons called the son of the informant from his home, took him away and the petitioner as well as co-accused Sanjay Yadav caught hold the legs of the informant's son and co-accused no. 4 and 5,

Patna High Court CR. MISC. No.33278 of 2022(7) dt.17-05-2023 2/3 namely, Ganesh Yadav and Rohan Yadav, caught hold of the hands of the informant's son and one Nandu Yadav cut the neck of the informant's son (deceased).

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to some rivalry. He next submits that similarly situated co-accused Sanjay Yadav, who allegedly held the legs of the deceased along with petitioner, has been granted bail by a Co-ordinate Bench of this Court in Criminal Miscellaneous No. 10896 of 2020. Petitioner is a man of clean antecedent.

Regards being had to the submissions made by the parties and taking into consideration the fact that the similarly situated co-accused person has been granted bail by a Coordinate Bench of this Court, accordingly, I am inclined to grant regular bail to the petitioner.

Let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount, each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Jamui in connection to the Jhajha Police Station Case no. 335 of 2019. This is subject to the condition that the petitioner shall present himself before the Court, as and when required and in

Patna High Court CR. MISC. No.33278 of 2022(7) dt.17-05-2023 3/3 the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Anil Kumar Sinha, J) ashwani/- U