Jaddu Yadav @ Yaddu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1521 of 2021 Arising Out of PS. Case No.-475 Year-2019 Thana- NAUTAN District- West Champaran ====================================================== JADDU YADAV @ YADDU YADAV Son of Late Bhuteli Yadav Resident of Village - Ahir Toli, Ward No. 8, P.S.- Nautan, District - West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar No 7, Adv.
For the Opposite Party/s :
Mr.Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-04-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding. The petitioner seeks bail in connection with Nautan P.S. Case No.475 of 2019 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 302 and 504 of the Indian Penal Code.
As per the prosecution case, it is alleged that wife of Mogal Yadav was keeping cow dung in front of the house of the informant which was protested by the informant and her brother in law. Upon this Janki Devi started hulla and abused the informant. Then several accused persons including the petitioner, variously armed, reached there and assaulted the informant side. It is alleged that as a result of the said assault, husband of the informant died during treatment.
Patna High Court CR. MISC. No.1521 of 2021(3) dt.08-04-2021 2/3 It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case and has not committed any offence as alleged in the FIR. It is submitted that due to earlier dispute, petitioner has been made accused in this case. Specific allegations of assault on the head of the deceased has been attributed against co-accused Golu Yadav, which is evident from the F.I.R. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Two co-accused persons namely Janki Devi and Guddu Yadav @Guddu Kumar Yadav have already been granted anticipatory bail vide orders dated 15.07.2020 and 08.12.2020 passed in Cr. Misc. No.17278/2020 and Cr. Misc. No.28296/2020 respectively.
Other co-accused namely Tulsi Yadav and Sukhari Yadav have been granted bail vide order dated 14.12.2020 and 15.12.2020 passed in Cr. Misc. No.28746/2020 and Cr. Misc. No.34093 of 2020 respectively by co-ordinate Benches of this Court. The petitioner has no criminal antecedent and has been languishing in custody since 09.09.2020.
Learned APP for the State opposed the bail petition. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two
Patna High Court CR. MISC. No.1521 of 2021(3) dt.08-04-2021 3/3 sureties of the like amount each to the satisfaction of the learned court below, where the case is pending, in connection with Nautan P.S. Case No.475 of 2019.
(Anjani Kumar Sharan, J) pallavi/- U T