Yogendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2564 of 2021 Arising Out of PS. Case No.-6 Year-2020 Thana- JAGDISHPUR District- Bhojpur ====================================================== YOGENDRA YADAV Son of Late Sabha Yadav Resident of Village - Rup Bandh, P.S.- Jagdihpur, Dist.- Bhojpur.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pramod Kumar, Advocate For the Opposite Party/s :

Ms. Veena Kumari Jaiswal, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-06-2021 Heard Mr. Pramod Kumar, learned counsel for the petitioner and Ms. Veena Kumari Jaiswal, learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Jagdishpur P.S. Case No. 06 of 2020 registered for the offences punishable under Sections 147, 148, 149, 307, 302 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, ten in numbers, surrounded the informant and his brother and coaccused Vikash Yadav caught hold the brother of the informant and co-accused Vinod Yadav fired upon brother of the informant near his temple due to which the informant's brother died.

Patna High Court CR. MISC. No.2564 of 2021(4) dt.22-06-2021 2/3 Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case with oblique motive and the village politics. Learned counsel further submits that from perusal of the First Information Report it would be evident that allegation against the petitioner is that he along with other co-accused persons caught hold the deceased and there is specific allegation of firing upon co-accused Binod Yadav. Learned counsel also submits that the cases lodged against the petitioner were of 2004-13 and the petitioner is on bail in all the cases and in two cases he was only a suspect. Learned counsel next submits that the petitioner is in custody since 11.6.2020 and the charge sheet has already been submitted in the matter.

Having regard to the submissions made by the parties and taking into consideration the materials on record and the fact that the petitioner is not the main assailant and charge sheet has already been submitted in the matter as well as there is no likelihood that the petitioner will abscond or tamper with the evidence, 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.

Patna High Court CR. MISC. No.2564 of 2021(4) dt.22-06-2021 3/3 Ara, in connection with Jagdishpur P.S. Case No. 06 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