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Patna High CourtCR. MISC./40651/2020bail granted

Govind Yadav v. The State Of Bihar

2021-06-17Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40651 of 2020 Arising Out of PS. Case No.-354 Year-2019 Thana- MOHANPUR District- Gaya ====================================================== 1.

GOVIND YADAV 2.

DINESH YADAV 3.

CHARITAR YADAV All three Sons of Late Parmeshwar Yadav.

4.

ARVIND YADAV, S/o Dinesh Yadav.

5.

RAMJEE YADAV, S/o Govind Yadav.

All are resident of Vill/Mohalla - Itwa (Chordiha), P.S. - Mohanpur, Distt. - Gaya, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Avinash Kumar Singh, Adv.

For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 17-06-2021 Heard Mr. Avinash Kumar Singh, the learned Advocate for the petitioners and the learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Barachatti (Mohanpur) P.S. Case

Patna High Court CR. MISC. No.40651 of 2020(2) dt.17-06-2021 2/3 No. 354 of 2019, instituted for the offences under Sections 341, 323, 307, 379, 354, 504, 506 and 34 of the Indian Penal Code.

The petitioners are alleged to be the members of a mob.

The learned counsel for the petitioners has shown from the F.I.R. that about twenty seven named accused persons including the petitioners came to the house of the informant and indulged in assault. The main accusation of assault is against one Mukesh Yadav. It has further been submitted that there is a counter version of the occurrence as well vide Barachatti (Mohanpur) P.S. Case No. 405 of 2019, which has been lodged by the brother of the petitioner No. 1. It has also been stated that the petitioners and the informant are co-villagers and there is a long standing dispute between them.

The petitioners are not alleged to have caused any specific injury on anyone of the persons of the prosecution side.

So far as the implication of the petitioners in the

Patna High Court CR. MISC. No.40651 of 2020(2) dt.17-06-2021 3/3 earlier cases is concerned, it has been submitted on their behalf that some of them have been made accused earlier at the instance of the informant and their associates only. Regard being had to the facts afore-stated, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of eight weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Sherghatti at Gaya, in connection with Barachatti (Mohanpur) P.S. Case No. 354 of 2019, subject to the conditions laid down under Section 438(2) of the Cr.P.C. The application stands allowed.

(Ashutosh Kumar, J) Praveen-II/- U T