Narad Yadav Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

Narad Yadav Vs the State of Jharkhand — Jharkhand HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner enlarged on bail in Pathargama P.S. Case No. 41 of 2024 on furnishing bail bond of Rs. 25,000 with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Godda, subject to conditions of co-operation in the trial and appearance on every date, failing which bail may be cancelled as per law.

Issue for consideration

Whether the petitioner, an accused in Pathargama P.S. Case No. 41 of 2024, deserves to be enlarged on bail notwithstanding the allegations of assault causing grievous injuries and the State's opposition.

Court's answer

On consideration of the submissions and the facts and circumstances of the case, the petitioner is directed to be enlarged on bail on furnishing a bail bond of Rs. 25,000 with two sureties of the like amount each, to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Godda, in connection with Pathargama P.S. Case No. 41 of 2024.

Ratio / Principle

Release is conditional: the petitioner must cooperate in the criminal proceeding pending before the learned Trial Court and remain present on each and every date of the trial as and when required, failing which the learned Court below shall pass appropriate orders for cancellation of bail as per the provision of law.

Detailed headnote1 paragraphs

Bail granted — Narad Yadav v. State of Jharkhand, B.A. No. 5956 of 2024 (High Court of Jharkhand, Navneet Kumar, J., order dated 06.09.2024). Petitioner, an accused in Pathargama P.S. Case No. 41 of 2024 registered under Sections 341/323/307/504/506/34 of the Indian Penal Code and pending before the learned Sub-Divisional Judicial Magistrate, Godda, was alleged (per the F.I.R.) to have assaulted Birandra Yadav and Gunjan Yadav, both sustaining grievous injuries. Counsel urged a case-and-counter-case (counter F.I.R.: Pathargama P.S. Case No. 42 of 2024, in which the petitioner was also injured), custody since 02.05.2024, absence of criminal antecedents, and submission of charge-sheet rendering tampering remote; the learned A.P.P. opposed. The Court enlarged the petitioner on a bail bond of Rs. 25,000 with two sureties of the like amount each, conditioned on co-operation in the trial and presence on each and every date, failing which the Court below may cancel bail as per law.

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 5956 of 2024

Narad Yadav

... … Petitioner

Versus The State of Jharkhand … … Opposite Party

CORAM : HON’BLE MR. JUSTICE NAVNEET KUMAR

For the Petitioner : Mr. S.P. Roy, Advocate For the State : Mr. Arup Kr. Dey, A.P.P. --------

Order No. 05 / Dated 06^th September, 2024

Heard learned counsel for the petitioner and the learned A.P.P. appearing on behalf of the State.

The petitioner is an accused in connection with Pathargama P.S. Case No. 41 of 2024, registered under Sections 341/323/307/504/506/34 of the Indian Penal Code, pending in the Court of Learned Sub-Divisional Judicial Magistrate, Godda.

It is submitted on behalf of the petitioner that as per the allegation as set out in the F.I.R., the petitioner along with co-accused persons have assaulted Birandra Yadav and Gunjan Yadav by which both of them sustained grievous injuries. It is submitted that it is a case and counter case between the parties and this petitioner has also instituted F.I.R. being Pathargama P.S. Case No. 42 of 2024 registered under sections 341/323/307/504/506/34 of the Indian Penal Code in which this petitioner was also injured along with other persons. Further it has been pointed out that this petitioner is in jail since 02.05.2024 and has no criminal antecedent as stated in para 12 of the bail application. Charge-sheet in this case has been submitted and therefore possibility of tampering the evidence is very remote and in this view of the matter, he deserves to be enlarged on bail.

On the other hand, the learned A.P.P. appearing on behalf of the State has opposed the contentions raised on behalf of the petitioner and submitted that this petitioner has caused grievous injuries upon Birandra Yadav and Gunjan Yadav and there is a case and counter case between the parties due to free fighting between both of them and therefore this petitioner

does not deserve to be enlarged on bail.

Having heard the parties, perused the records of this case.

In light of the forceful submission advanced on behalf of the petitioner and under the facts and circumstances of this case, this petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.25,000/(Rupees Twenty-five thousand) with two sureties of the like amount each to the satisfaction of the Court of Learned Sub-Divisional Judicial Magistrate, Godda, in connection with Pathargama P.S. Case No. 41 of 2024, subject to the condition that the petitioner will cooperate in the criminal proceeding pending in the learned Trial Court and he will remain present on each and every date of the criminal trial as and when required, failing which, appropriate order shall be passed by the learned Court below for the cancellation of the bail as per the provision of law.

(Navneet Kumar, J.)

Basant/S. Das

2 B.A. No.5956 of 2024