Ram Prasad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 36946 of 2020 Arising Out of PS. Case No.-37 Year-2020 Thana- LADANIA District- Madhubani ====================================================== Ram Prasad Yadav, aged about 62 years, Son of Late Kokai Yadav Resident of village- Chikhatwa, PS- Ladaniya, District- Madhubani. ... ... Petitioner/s

Versus

The State 0f Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gagan Deo Yadav, Advocate For the State :

Mr. Anil Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 02-02-2021 Heard Mr. Gagan Deo Yadav, learned counsel for the petitioner and Mr. Anil Prasad Singh, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State

2. The petitioner is in custody in connection with Ladaniya PS Case No. 37 of 2020 dated 01.03.2020, instituted under Sections 147, 148, 341, 323, 324, 325, 379, 504, 506/34 of the Indian Penal Code.

Patna High Court CR. MISC. No.36946 of 2020 dt.02-02-2021 2/3

3. The allegation against the petitioner and others is general and omnibus of throwing brick-bats, though against three other co-accused it is specific of assault by sword and farsa.

4. Learned counsel for the petitioner submitted that there is counter case also and the parties have inimical terms. Learned counsel submitted that besides general and omnibus allegation that the petitioner was also throwing brick-bats, nothing specific has been alleged. It was submitted that the petitioner has clean antecedent and is in custody since 30.06.2020.

5. Learned APP submitted that the petitioner was also there and took part in brick-batting.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, 1st Class, Madhubani in Ladaniya PS Case No. 37 of 2020 subject to the conditions (i) that one of the bailors shall be a close relative of the petitioner, (ii) that the petitioner and the bailors shall execute bond with regard to good behaviour of the petitioner and (iii) that the petitioner shall cooperate in the case and be present before the Court on each and every date. Failure to

Patna High Court CR. MISC. No.36946 of 2020 dt.02-02-2021 3/3 cooperate or being absent on two consecutive dates, without sufficient cause, shall lead to cancellation of his bail bonds.

7. The application stands disposed off in the aforementioned terms.

(Ahsanuddin Amanullah, J.) P. Kumar AFR/NAFR U T