Somar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.620 of 2021 Arising Out of PS. Case No.-15 Year-2019 Thana- BHADHWAR District- Gaya ====================================================== 1.
SOMAR YADAV, Son of Guli Yadav, 2.
Madan Yadav, Son of Dhannu Yadav, Both Residents of Village - Hadahi, P.S.- Bhadwar, Distt.- Gaya. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sharda Nand Mishra For the Opposite Party/s :
Mrs.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-02-2021 Heard learned counsel for the petitioners and learned APP for the State.
Learned counsel for the petitioners undertakes to remove the defects as pointed out by the office within four weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioners seek bail in a case registered for the offence punishable under Sections 147, 148, 149, 302, 120(B) of the Indian Penal Code.
Prosecution case in brief is that as per FIR, on 22.09.2019 the informant was returning from market with her father, FIR named accused persons forcibly took in the side of Harhi Pahari, then informant narrated all the story thereafter all
Patna High Court CR. MISC. No.620 of 2021(2) dt.24-02-2021 2/3 family members started with search then found dead body near the Harhi Pahari then she came to know aforesaid FIR named accused persons made kidnapping and committing murder. It further alleged that cause of occurrence is that the son of the Somar Yadav died due to snake bite for this reason accused Raghiya Devi and Nanki Devi abused to the family of the informant and threatened to commit murder to Rekha Yadav, for this reason made conspiracy by the accused persons and committed murder to the father of the informant. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. There is no specific allegation against the petitioners. The petitioners are in custody since 02.07.2020.
The petitioners have got no criminal antecedent which is mentioned in para 3 of the bail petition. The co-accused has been granted regular bail by the Co-ordinate Benches of this Court vide order dated 14.02.2020 passed in Cr. Misc. No.8803/2020 and another coaccused has been granted anticipatory bail vide order dated 08.09.2020 passed in Cr. Misc. no. 12322/2020. Learned APP for the State has opposes the prayer for bail of the petitioners.
Considering the aforesaid facts and circumstances of
Patna High Court CR. MISC. No.620 of 2021(2) dt.24-02-2021 3/3 the case, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each in connection with Bhadwar P.S. Case No. 15/2019 to the satisfaction of the learned I/C Judicial Magistrate-1st Class, Sherghati, Gaya.
(Anjani Kumar Sharan, J) amitkumar/- U T