Nand Lal Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11766 of 2021 Arising Out of PS. Case No.-156 Year-2019 Thana- KHARHAGPUR District- Munger ====================================================== 1.
NAND LAL YADAV Son of LATE GARIB YADAV, Resident of Village - Muhalla- Kushi Tari, P.S. - Laxmipur, District - Jamui. 2.
Kusho Yadav @ Kusum Yadav Son of Narayan Yadav, Resident of Village/Muhalla - Harlawa, P.S. - Laxmipur, District - Jamui. ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjiv Kumar Singh, Adv.
For the Opposite Party/s :
Mr.Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-07-2021 Heard learned counsel for the petitioners and learned APP for the State through virtual court proceedings. Learned counsel for the petitioners undertake 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, 341, 323, 324, 325, 307 and 302 of the Indian Penal Code.
Allegation as per FIR, the accused persons including the petitioners herein came variously armed and assaulted the husband of the informant. The cause of occurrence was land and family dispute.
Patna High Court CR. MISC. No.11766 of 2021(2) dt.13-07-2021 2/3 Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. He further submits that as per FIR, it would transpire that the informant is not an eye witness to the occurrence. The FIR was registered against four named accused persons and 4-5 unknown accused. There is no specific statement as to what weapon the petitioners were carrying or what role they played. It is further submits that the post mortem report does not support the allegation as levelled in the FIR. The petitioners are languishing in judicial custody since 07.10.2020. The petitioners have got no criminal antecedent which is mentioned in para 3 of the bail petition. The similarly situated co-accused have been granted bail by different co-ordinate Benches of this court, which is annexed as Annexure- 4,4/1 & 4/2 of the bail application.
Learned APP for the State opposed the prayer for bail of the petitioners.
Considering the similarly situated co-accused have been granted bail, 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 G.R. No. 1166/2019 arising out of Kharagpur
Patna High Court CR. MISC. No.11766 of 2021(2) dt.13-07-2021 3/3 P.S. Case No. 156/2019 to the satisfaction of learned Court below where the case is pending/ successor court. (Anjani Kumar Sharan, J) amitkumar/- U T