Munar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8169 of 2021 Arising Out of PS. Case No.-190 Year-2020 Thana- SINGHESHWAR District- Madhepura ====================================================== Munar Yadav aged about 45 years S/O Late Satyanarayan Yadav Resident Of Vill.- Behrari (Dandari) P.S.- Singheshwar, Distt.- Madhepura. ... ... Petitioner

Versus

The State Of Bihar ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Dinesh Prasad Verma, Advocate For the Opposite Party :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-05-2021 This matter is taken up for consideration through Video Conferencing.

Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under sections 379/34 and other ancillary sections of the Indian Penal Code and sections 3⁄4 of the DIAN Act.

As per the prosecution case, all the 12 named accused persons including the petitioner assaulted the informant and his family members with iron rod, garasa, lathi, danda etc. as a result of which they sustained injuries. Accused persons also looted away ornaments, clothes from the house. Learned counsel for the petitioner submits that the petitioner and informant side are agnate and there is a land dispute between the parties for which Suit No.04/11 has also been filed in the civil court for partition. Instant case has been lodged after delay of six days of the alleged occurrence, though

Patna High Court CR. MISC. No.8169 of 2021(2) dt.24-05-2021 2/3 the police station is hardly 200 meters away from the place of occurrence. There was a free fight between the parties in which persons from the petitioner's side also sustained injuries. Petitioner's side has also filed Singeshwar Police Station Case No. 191/2020. Petitioner is in custody since 5.10.2020. Charge sheet has already been submitted.

Considering the facts and circumstances of the case coupled with the fact that there is a case and counter case, charge sheet has already been submitted and the petitioner is in custody since 5.10.2020, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Madhepura in Singheswar Police Station Case No. 190 of 2020 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the

Patna High Court CR. MISC. No.8169 of 2021(2) dt.24-05-2021 3/3 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Prabhat Kumar Singh, J) Shashi U T