Ram Sharan Kumar Yadav @ Ram Sharan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75692 of 2019 Arising Out of PS. Case No.-274 Year-2018 Thana- OBRA District- Aurangabad ====================================================== Ram Sharan Kumar Yadav @ Ram Sharan Yadav Son of Arvind Singh Resident of Village - Checharhi, P.S. - Obra, Distt.- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amresh Kumar Sinha For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 04-01-2021 Heard Mr. N.K. Agrawal, Senior counsel assisted by Mr. Amresh Kumar Sinha, appearing for the petitioner and Mr. Satyendra Narayan Singh, learned counsel for the State. In this case, the petitioner is seeking regular bail in connection with Obra P.S. Case No. 274 of 2018 registered for offence punishable under sections 341, 323, 307/34 of the Indian Penal Code, later on, section 302 IPC has been added. Allegation has been made that on 16.12.2018 at about 8:30 A.M. in the morning, the brother of informant (deceased) brother was called by the accused persons, he came out whereupon Ram Sharan Yadav said to finish him whereupon Pappu Kumar having lady in his hand and Ram Sharan Yadav having iron rod in his hand started hitting on the head of the deceased, ultimately, he fallen on the ground, he was carried to the hospital where he died. Reliance has been placed on the

Patna High Court CR. MISC. No.75692 of 2019(8) dt.04-01-2021 2/2 order passed in the case of Arvind Singh and Pappu Kumar Yadav in which both have been granted bail on 28.08.2019 in Cr. Misc. No. 35103 of 2019 and the case of petitioner is identical and stands on the same platform so he should also be granted bail, as they have been granted bail after six months from the date of custody whereupon the petitioner has remained in jail since 24.07.2019 and the dispute arose on account of irrigation of agricultural field.

Looking to the facts and circumstance of the case, let the petitioner above named be released on regular bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Aurangabad in connection with Obra P.S. Case No. 274 of 2018, subject to the condition that one of the bailors of the petitioner shall be a close relative. The petitioner will not induce any witness or tamper with the evidence. The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Shivaji Pandey, J) Mahesh/- U T