Annach Yadav @ Anachha Yadav @ Anchh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4830 of 2021 Arising Out of PS. Case No.-15 Year-2019 Thana- BHADHWAR District- Gaya ====================================================== ANNACH YADAV @ ANACHHA YADAV @ ANCHH YADAV Son of Late Dhanu Yadav Resident of Village - Gansha Tola Hadhi or Harhi, P.S.- Dumariya (Now Bhadwar), District - Gaya.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arvind Kumar Singh, Advocate For the Opposite Party/s :
Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-03-2021 Heard Mr. Arvind Kumar Singh, learned Counsel for the petitioner and Mr. Ajit Kumar, learned Additional Public Prosecutor for the State, through Video Conferencing. This application, for grant of regular bail, arises out of Bhadwar Police Station Case No. 15 of 2019, disclosing offences under Sections 147, 148, 149, 302 and 120(B) of the Indian Penal Code.
The prosecution story, as per the First Information Report, is that on 22.09.2019 the informant along with her father was coming towards home from Sohrai Bazar crossing and on the way, near Bichali Tal, the petitioner, including other co-accused persons, altogether 11 in numbers, forcibly took her father towards Hadi Pahari and on the next date in the morning,
Patna High Court CR. MISC. No.4830 of 2021(2) dt.25-03-2021 2/3 the informant got the knowledge that the dead body of her father was lying near Hadi Pahari. The reason behind the occurrence has been stated that the son of Somar Yadav had died due to snake bite and allegation of his family members was that the informant and her family members were responsible for snake bite by practicing witchcraft.
Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case due to village politics. Learned counsel next submits that similarly situated co-accused persons, Naresh Yadav, Sahdev Yadav and Somar Yadav have been granted bail by a Coordinate Bench of this Court in Cr. Misc. No.342 of 2021 and 620 of 2021 respectively. Learned counsel next submits that petitioner is in custody since 30.06.2020 and chargesheet has already been submitted against the petitioner and, as such, there is no likelihood that the petitioner will abscond or tamper with the evidence. Having regard to the submissions made by the parties and taking into consideration the materials on record and the fact that similarly situated co-accused persons have been granted bail by a Coordinate Bench of this Court and the petitioner is in custody since 30.06.2020, having no criminal
Patna High Court CR. MISC. No.4830 of 2021(2) dt.25-03-2021 3/3 antecedent and chargesheet has already been submitted in this case, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, Annach Yadav @ Anachha Yadav @ Anchh Yadav, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Sherghati, Gaya, in connection with Bhadwar Police Station Case No. 15 of 2019. It is made clear at the time of furnishing bail bond, all the parties shall follow the guidelines regarding social distancing.
(Anil Kumar Sinha, J) sanjeev/- U T