Sikandra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70031 of 2024 Arising Out of PS. Case No.-147 Year-2019 Thana- NATHNAGAR District- Bhagalpur ====================================================== Sikandra Yadav, S/O Chhabil Yadav, Resident of Village- Golahu Police Station- Madhusudanpur, District- Bhagalpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Dr. Manoj Kumar, Advocate For the Opposite Party/s :

Mr. Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 03-10-2024 Heard Dr. Manoj Kumar, learned Advocate for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail, who is in custody in connection with S.T. No. 291 of 2024, arising out of Nath Nagar Madhusudanpur P.S. Case No. 147 of 2019, for the offences punishable under Sections 341, 323, 325, 307, 379, 504/34 of the Indian Penal Code.

3. Allegedly on account of a dispute, all the F.I.R. named accused persons, including the petitioner, armed with Lathi, Danda and Iron rod, assaulted the informant and his family members, due to which several persons sustained injuries.

3. Learned Advocate for the petitioner referring to the narrations made in the F.I.R. contended that there is no specific

Patna High Court CR. MISC. No.70031 of 2024(2) dt.03-10-2024 2/3 allegation of any overt act against the petitioner. So far the injuries sustained to the informant and other persons are concerned, out of five persons, three of them have sustained simple injuries and two persons, namely, Nitish Kumar and Champa Devi, have sustained grievous injuries, but not on vital part. It is next contended that the injuries attributed to the persons of the informant's side have been specifically attributed against Chhabil Yadav, Dilkhush Kumar, Pramod Yadav and Ranjeet Yadav. The petitioner bears fair antecedent and he has been incarcerated since 08.01.2024 and now the charges have already been framed.

5. On the other hand, learned APP for the State vehemently opposes the bail application and submits that the petitioner has actively participated in the crime, in question.

6. Regard being had to the submissions made on behalf of the parties and considering the omnibus nature of allegation, coupled with the fair antecedent and the premise, in which the occurrence took place as well as the period of custody, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-XV, Bhagalpur in connection

Patna High Court CR. MISC. No.70031 of 2024(2) dt.03-10-2024 3/3 with S.T. No. 291 of 2024, arising out of Nath Nagar Madhusudanpur P.S. Case No. 147 of 2019, subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:- (i) The petitioner will cooperate in conclusion of the trial.

(ii) He will remain present on each and every date of trial till disposal of the case.

(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.

(Harish Kumar, J) uday/- U T