Bhola Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6508 of 2025 Arising Out of PS. Case No.-256 Year-2016 Thana- JHAJHA District- Jamui ====================================================== Bhola Yadav S/o Late Bhuneshwar Yadav R/o vill - Khuri Paras, P.S. - Jhajha, Distt. - Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rakesh Ranjan, Adv.
For the Opposite Party/s :
Mr.Binod Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 14-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in connection with Jhajha P.S. Case No. 256 of 2016, registered for the offences under Sections 147, 148, 149, 341, 323, 324, 302, 504, 506 of the Indian Penal Code.
3. As per the prosecution case, petitioner and other coaccused persons had been blocking the road in front of the house of the informant with bamboos etc., when the informant along with his father went to stop them, they became bent upon assaulting them and when Lattu Yadav and Narayan Yadav intervened, all of them assaulted them and Lattu Yadav received serious injuries and died during his treatment.
4. Learned counsel appearing on behalf of the
2/4 petitioner submits that the petitioner is innocent and has been falsely implicated in this case. There is no specific allegation against this petitioner in the FIR. During the course of investigation, the statements of a number of witnesses were recorded and none of the independent witnesses named this petitioner for being involved in the occurrence. These witnesses stated about co-accused Jahlu Yadav and Darogi Yadav who assaulted the deceased and the informant. The petitioner was not even present at the place of occurrence and the police after investigation did not send him up for trial. However differing with the police report, the learned S.D.J.M. took cognizance against the petitioner along with other co-accused persons.
A number of co-accused persons have been granted anticipatory bail as well as regular bail by different Co-ordinate Benches of this Court. Darogi Yadav has been granted bail vide order dated 18-04-2017 passed in Cr. Misc No-18246 of 2017. Baldeo Yadav has been granted bail vide order dated 21-08-2017 passed in Cr. Misc No-36754 of 2017. Jhalu Yadav has been granted bail vide order dated 12-12-2017 passed in Cr. Misc No-55987 of 2017. Kari Devi has been granted bail vide order dated 30-112022 passed in Cr. Misc No-24975 of 2022.
3/4 dated 30-11-2022 passed in Cr. Misc No- 25715 of 2022. The petitioner is in custody since 03.10.2024 and he has no criminal antecedent. Charge sheet has been submitted.
5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner.
6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the vague, non-specific and doubtful nature of allegation against the petitioner and also considering his period of custody and submission of charge sheet and his clean antecedent, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-II, Jamui/concerned court, in connection with Jhajha P.S. Case No. 256 of 2016, subject to the condition laid down under Section 480(3) of the B.N.S.S. and other following conditions: (i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial
4/4 court.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) Anuradha/- U T