Patna High CourtCR. MISC./78254/2024bail granted

Dhanni Yadav v. The State Of Bihar

2024-12-05Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78254 of 2024 Arising Out of PS. Case No.-55 Year-2024 Thana- CHAUTHAM District- Khagaria ====================================================== Dhanni Yadav Son of Late Mishri Yadav Resident of Village- Farreh PSChautham, dist- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sarbottam Kumar Sarkar, Adv.

For the Opposite Party/s :

Mr.Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 05-12-2024 Heard Learned Counsel for the petitioner and Learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Chautham P.S. Case No.55 of 2024 lodged under Sections 448, 307, 504, 506/34 of the I.P.C. read with Section 27 of the Arms Act.

3. As per the prosecution case, the F.I.R. has been lodged against 4 named accused persons against whom there is allegation that they have chased the informant in his house and started firing. The specific allegation against one Sintu @ Santu Yadav who has fired by desi katta on the informant due to which informant injured in the backside.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits

Patna High Court CR. MISC. No.78254 of 2024(2) dt.05-12-2024 2/3 that due to the said occurrence, death has not been caused by anyone. He further submits that three accused persons have come before this Court for anticipatory bail, but their bail has been rejected and directed to surrender themselves. In compliance of the Court's order, the petitioner surrendered before the court, thereafter, he is in custody since 17.07.2024.

5. Learned Counsel further submits that there is no specific allegation against the petitioner save and except he is a member of mob and made firing.

6. Learned Counsel further submits that petitioner's antecedent is not clean. There are 5 criminal cases pending against him in which he is on bail in all cases.

7. Learned counsel for the State opposes the prayer for bail and submits that the petitioner's antecedent is not clean. There are 5 criminal cases pending against him.

8. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail, after framing of charge, if not framed as well as on being satisfied by the trial court that the petitioner is not absconding in any of the cases which are pending against him whose details are mentioned below, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two

Patna High Court CR. MISC. No.78254 of 2024(2) dt.05-12-2024 3/3 sureties of the like amount each to the satisfaction of Judicial Magistrate, Khagaria or other successor court in connection with Chautham P.S. Case No.55 of 2024, subject to the following conditions as laid down under Section 437(3) of Cr.P.C.

9. The details of the cases which are pending against the petitioner, are as follows:- i. Chautham P.S. Case No.125 of 2020.

ii. Chautham P.S. Case No.127 of 2020.

iii. Chautham P.S. Case No.236 of 2020.

iv. Chautham P.S. Case no.179 of 2020.

v. Chautham P.S. Case No.56 of 2024.

(Dr. Anshuman, J.) Prakashmani/- U T