Videshi Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.77935 of 2018 Arising Out of PS. Case No.-162 Year-2018 Thana- MUNGER MUFFASIL District- Munger ====================================================== Videshi Yadav son of Late Bohdan Yadav Resident of village - Shankarpur, P.S. Muffasil, Distt. - Munger.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Mukherjee, Advocate For the Opposite Party/s :
Mr.Sri Zainul Abedin (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 04-01-2019 Heard learned counsel for petitioner and learned counsel for the State.
Petitioner, who is in custody, seeks bail in connection with Muffasil P.S. Case No. 162 of 2018 registered for the offences punishable under Sections 341, 323, 307, 326, 326(A), 326(B)/34 of the Indian Penal Code.
Informant has alleged that when he went towards his land which was demarcated by the government Amin he found that the pillars have been extracted and thereafter complained to the petitioner then he became infuriated and his three sons namely, Arun Yadav, Sarun Yadav and Kranti Yadav started abusing him and allegation against Arun Yadav is that he went to his house and brought the Acid and poured upon the body of the informant causing permanent disfigurement of face and
Patna High Court Cr.Misc. No.77935 of 2018(2) dt.04-01-2019 2/3 grievous injury was caused on his face and chest. It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. Petitioner is only order giver and aged about 80 years, in support of which he has enclosed a copy of Addhar card as contained in Annexure-3 showing his date of birth as 01.01.1939. It has been further submitted that no overt act has been alleged against petitioner. There is land dispute between the parties. Earlier the Regular bail petition of the petitioner was rejected vide order dated 01.08.2018 passed in Cr. Misc. No. 46917 of 2018 as contained in Annexure-1.
Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned District and Sessions Judge, Munger, in connection with S.T. No. 321 of 2018 (arising out of Muffasil P.S. Case No.
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) 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 Court and his absence on two consecutive
Patna High Court Cr.Misc. No.77935 of 2018(2) dt.04-01-2019 3/3 dates without sufficient reasons, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) Rajiv/- U T