Shambhu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51742 of 2021 Arising Out of PS. Case No.-359 Year-2020 Thana- HARSIDHI District- East Champaran ====================================================== SHAMBHU YADAV Son of Ramjeet Yadav Resident of Village- Gayghat, P.S.- Harsidhi, District - East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Rashmi Jha, Adv.

Mr.Abhishek Kumar For the Opposite Party/s :

Mrs.Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-05-2022 Heard Ms. Rashmi Jha, learned counsel for the petitioner and Ms. Anita Kumari Singh, learned Additional Public Prosecutor for the State.

Petitioner seeks regular bail in connection with Harsidhi PS Case No. 359 of 2020 registered for the offence under Sections 341, 323, 307, 354, 379, 504, 506, 34 of the IPC.

As per the first information report the petitioner assaulted Sunita Devi by means of farsa on her head, due to which she sustained injury and the other accused persons assaulted the mother of the informant - Umarawati Devi and subsequently she died in hospital.

Patna High Court CR. MISC. No.51742 of 2021(4) dt.19-05-2022 2/3 Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case due to the fact that both the parties are agnate and there is land dispute between them. It has further been submitted that injury caused to Sunita Devi is simple in nature and there is no allegation that petitioner has assaulted the deceased. The co-accused / Layachi Devi, who allegedly assaulted the deceased, has been granted bail by this Court in Cr. Misc. No. 51633 / 2021. The petitioner is in custody since 23.04.2021 and charge sheet has already been submitted.

Regard being had to the submissions made by the parties, taking into consideration the fact that injury caused to the victim - Sunita Devi is simple in nature, there is no allegation that petitioner had assaulted the deceased, the coaccused / Layachi Devi ( i.e. wife of the petitioner ) has been granted bail by this Court, petitioner is in custody since 23-042021 and charge sheet has already been submitted, as such, I am inclined to grant regular bail to the petitioner. Let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 20000/- (twenty thousand ) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East

Patna High Court CR. MISC. No.51742 of 2021(4) dt.19-05-2022 3/3 Champaran in connection with Harsidhi PS Case No. 359 of 2020.

(Anil Kumar Sinha, J) praful/- U T