Nanhaku @ Nanhak @ Nanhak Yadav @ Upendra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5696 of 2023 Arising Out of PS. Case No.-249 Year-2021 Thana- OBRA District- Aurangabad ====================================================== NANHAKU @ NANHAK @ NANHAK YADAV @ UPENDRA YADAV Son of Late Tiju Yadav Resident of Village- Chapra, P.S.- Obra, DistrictAurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjay Kumar Patel For the Opposite Party/s :
Ms. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 12-05-2023 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with Obra P.S. Case No. 249 of 2021, registered for the offences punishable under Sections 302, 506/34 of the Indian Penal Code.
As per allegation, the informant got an information that co-accussed Ashlok Yadav @ Birju Yadav and his family members badly assaulted the father of the informant Jagmohan Yadav and committed his murder. His dead body was lying outside the house of the informant. He was apprised by his family members that Ashlok Yadav, Dilip Yadav, Nankhu Yadav, Indu Devi, Shushila Devi, Shakuntala Devi and Soni Kumari
Patna High Court CR. MISC. No.5696 of 2023(3) dt.12-05-2023 2/3 had assaulted his father with lathi, danda, etc. The learned counsel for the petitioner has submitted that only one injury has been found on the person of the deceased and two are bruise. He has submitted further that the entire family members, including the female members of the house have falsely been implicated in this case. On similar footing, co-accused Dilip Yadav has been granted bail by a coordiante Bench of this Court. The petitioner is a person of clean antecedent and is under custody since 29.03.2022.
Considering the above-mentioned facts and circumstances as well as clean antecedent, period of custody and the fact that other co-accused person has been granted bail by a co-ordinate Bench of this Court, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned S.D.J.M. Daudnagar in connection with Obra P.S. Case No. 249 of 2021, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.
(ii) If the petitioner is found involved in future in the
Patna High Court CR. MISC. No.5696 of 2023(3) dt.12-05-2023 3/3 similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.
(Nawneet Kumar Pandey, J) Nirmal/Kundan U T