Ghanshyam Kumar Yadav @ Ghanshyam Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.5374 of 2024 Arising Out of PS. Case No.-237 Year-2020 Thana- RAJNAGAR District- Madhubani ====================================================== Ghanshyam Kumar Yadav @ Ghanshyam Yadav S/O Siya Ram Yadav R/o Village- Ranti Mohanpur, P.S.- Rajnagar, District - Madhubani. Under Guardianship of his mother namely Nirmala Devi W/O Siya Ram Yadav R/O Village- Ranti Mohanpur, P.S- Rajnagar, Distt.- Madhubani. ... ... Appellant/s
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Gagan Deo Yadav, Adv.
Mr. Vinod Kumar, Adv.
Mr. Ravi Prakash, Adv.
Mr. Rajesh Kumar, Adv.
For the Respondent/s :
Mr. Mukeshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-01-2025
1. Heard learned counsel for the appellant and the learned A.P.P.
2. The appellant seeks bail in connection with Rajnagar P.S. Case No.237/2020 dated 31.08.2020, registered under sections 147, 148, 341, 504, 323, 307, 302/34 of the Indian Penal Code.
3. The learned counsel for the appellant submits that appellant is a person with clean antecedent and is in custody since 04.07.2024. It is next submitted that Bhavesh Yadav had approached this Court by seeking regular bail by filing Cr. Misc. No.33885/2021 and the same was allowed by an order dated 01.12.2021. It is further submitted that the case of the petitioner if not akin is similar to that of Bhavesh Yadav. It is also submitted
Patna High Court CR. APP (SJ) No.5374 of 2024(2) dt.10-01-2025 2/2 that in the event if the privilege of bail is granted to the appellant, the appellant will not abscond rather will co-operate in the trial to prove his innocence. It is also submitted that no doubt the brother of the informant died but then allegation of assault is not specific against the appellant.
4. The learned APP opposes the prayer for bail of the appellant.
5. Considering the submission made by the learned counsel for the appellant, the appellant is directed to 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 the learned trial court where the case is pending/successor court in connection with Rajnagar P.S. Case No.237/2020.
6. However, it is made clear that if the learned trial court comes to a conclusion that appellant after his release is trying to delay the trial in any manner, in that event, the learned trial court shall be at liberty to cancel the bail bonds of the appellant. (Satyavrat Verma, J) amit/- U T