Arjun Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38068 of 2020 Arising Out of PS. Case No.-08 Year-2020 Thana- RAJAOLI District- Nawada ====================================================== ARJUN YADAV S/o Chhatan Yadav Resident of Village - Kumharua, P.S. - Rajauli, District - Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sheo Kumar Prasad, Advocate For the Opposite Party/s :
Mr. Jai Narain Thakur, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-02-2021 Heard Mr. Sheo Kumar Prasad, learned counsel for the petitioner and Mr. Jai Narain Thakur, learned Additional Public Prosecutor appearing for the State.
Petitioner seeks regular bail in connection with Rajauli P.S. Case No. 08 of 2020 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 504, 379, 427 of the Indian Penal Code 1860 and Section 27 of the Arms Act.
The allegation as per the First Information Report is that the petitioner along with other co-accused persons entered into the house of the informant and assaulted him and his family members by means of lalthi, danda, etc. and there is specific allegation against three of the co-accused persons namely, Shankar Yadav, Sakindra Yadav and Pramod Yadav who
Patna High Court CR. MISC. No.38068 of 2020(2) dt.05-02-2021 2/3 allegedly fired upon the informant which caused firearm injury to the brother of the informant.
Learned counsel for the petitioner submits that both the parties are agnates and there is land dispute between them. Learned counsel further submits that the allegation of firing is not upon the petitioner and allegation against him is general and omnibus in nature along with other co-accused persons who assaulted the informant and others. Learned counsel also submits that similarly situated co-accused persons have been granted bail by co-ordinate Benches of this Court in Cr. Misc. Nos. 27673 of 2020, 22962 of 2020 and 27707 of 2020 respectively. Learned counsel next submits that the petitioner is in custody since 4.4.2020.
Having regard to the submissions made by the parties and taking into consideration the materials on record, the fact that both the parties are agnates, there is land dispute between them and other similarly situated co-accused persons have been granted bail by co-ordinate Benches of this Court, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.38068 of 2020(2) dt.05-02-2021 3/3 satisfaction of learned Chief Judicial Magistrate, Nawada, in connection with Rajauli P.S. Case No. 08 of 2020. It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.
(Anil Kumar Sinha, J) S.Ali/- U T