Allowed

Hiran Yadav @ Haran Yadav v. The State Of Bihar

Patna HC14 Dec 2018CR. MISC./74238/2018

Case brief

AI extract

What is this about?

The Patna High Court granted bail to the petitioner in a P.S. case involving assault, injury, and death. The judgment imposes conditions for local sureties and cooperation in trial, allowing cancellation on tampering or consecutive absence.

What did the court decide?

Petitioner released on bail upon furnishing bond of Rs. 10,000 with two sureties of the like amount, subject to conditions.

Hiran Yadav @ Haran Yadav Vs The State Of Bihar — Cheque Dishonour | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.74238 of 2018

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Arising Out of PS. Case No.-36 Year-2014 Thana- MADHEPUR District- Madhubani

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======================================================

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Hiran Yadav @ Haran Yadav Son of Bishn Yadav Resident of Village- Birpur P.S. Madhepur, District-Madhubani.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Hriday Narayan Harshit, Adv For the Opposite Party/s : Mr. Sri Sanjay Kumar, APP For the Informant : Mr. Girish Chandra Jha, Adv ======================================================

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CORAM: HONOURABLE MR. JUSTICE S. KUMAR

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ORAL ORDER

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2 14-12-2018 Heard learned counsel for the parties.

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Petitioner seeks bail in Madhepur P.S. Case No. 36 of 2014 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 307 and 302 of the Indian Penal Code and Section 27 of the Arms Act.

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Allegation against the petitioner is of assaulting the Father-in-Law of the Informant alongwith FIR named accused with farsha, lathi, tengari, dabiya and pistol on account of which Father-in-law of the Informant sustained injury and died during the course of treatment.

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It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case due to land dispute. This case is counter blast of Madhepur P.S. Case

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Patna High Court Cr.Misc. No.74238 of 2018(2) dt.14-12-2018 2/2

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No. 34 of 2014. Similarly, situated co-accused persons have been granted bail by co-ordinate benches of this Court vide orders dated 28.06.2018 in Criminal Miscellaneous No. 35233 of 2018 and 27.09.2018 in Criminal Miscellaneous No. 49683 of 2018. Petitioner is in custody since 15.09.2018.

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Learned counsel for the Informant vehemently opposes the prayer for bail.

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Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Additional Sessions

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Judge-VI, Madhubani, in connection with Madhepur P.S. Case No. 36 of 2014 , with following conditions:-

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(1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned. (2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

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(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

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(S. Kumar, J)

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ranjan/-

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Hiran Yadav @ Haran Yadav v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Hiran Yadav @ Haran Yadav v. The State Of Bihar

Case brief

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What did the court decide?

What the court decided

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