Allowed

Santosh Yadav v. The State of Bihar

Patna HC16 Dec 2019CR. APP (SJ)/3929/2019

Case brief

AI extract

What is this about?

In Criminal Appeal No.3929 of 2019, the Patna High Court allowed an appeal seeking regular bail for the appellant charged under Section 302 IPC and the SC/ST Act. The appellant, in custody for ten months, was granted bail on furnishing bonds.

What did the court decide?

Release on bail by furnishing a bond of Rs.25,000 with two sureties of similar amount, one of whom is a close relative with sufficient property.

Santosh Yadav Vs The State of Bihar — Caste Atrocities | Patna HC (2019)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.3929 of 2019

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Arising Out of PS. Case No.-248 Year-2018 Thana- DHARHARA District- Munger

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

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SANTOSH YADAV Son of Lalit Yadav Resident of Vill- Bari Govind Pur, P.S.- Dharhara, District- Munger.

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... ... Appellant/s

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Versus

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The State of Bihar Bihar

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... ... Respondent/s

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====================================================== Appearance : For the Appellant/s : Mr.Jyoti Ranjan Jha For the Respondent/s : Mr.Binay Krishna ======================================================

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CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER

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5 16-12-2019 Heard the parties.

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The appellant seeks regular bail in connection with Dharhara P.S.Case No.248 of 2018 (248A/2018) dated 19.9.2018 registered for offences punishable under Sections 302, 120B, 201, 363, 370 of the Indian Penal Code and Section 3(2)(v) and 3(i) (r)(s) of SC/ST (Prevention of Atrocities Act) Act.

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As per FIR, the son of the informant went to Dharahra alogn with Matuki Yadav and they took Jhalmudhi together and till ngiht son of the informant did not return and later on it appears that confessional statement of Matuki Yadav and Rana Yadav was recorded on the basis of which the dead body was recovered and in their confessional statement the appellant is also named. Apart from that the appellant is

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Patna High Court CR. APP (SJ) No.3929 of 2019(5) dt.16-12-2019 2/3

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accused in three other cases.

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Submission of the learned cousnel for the appellant is that except the confessional statement there is nothing against the appellants and he is in custody for ten months and he is ready to abide by any condition imposed upon him. It is further submitted that the other co-accused who have also been named in the confessional statment has been granted privilege of bail, vide order dated 24.9.2019 passed in Cr. Misc. No.42906 of 2019 by a Co-ordinate Bench of this Court .

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Heard learned Special P.P. as well as the learned counsel for the informant, who have opposed the prayer for bail on the ground that the prayer for bail of another coaccused person has also been rejected and his name transpired on the confessional statement and apart from that he has criminal atnecednet.

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Having heard both sides in view of the above facts and circumstances, this appeal is allowed an the impugned order dated 25.6.2019 passed in Dharhara PS.Case No.248/2018 (248A/2018) dated 19.9.2018 by the learned Special Judge cum ADJ- I, Munger is allowed.

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Patna High Court CR. APP (SJ) No.3929 of 2019(5) dt.16-12-2019 3/3

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Let the appellant above named, be released on bail on furnishing bail bonds of Rs.25,000 (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of Special Jduge cum ADJ I, Munger in connection with Dharhara P.S.Case No.248 of 2018 (248A/2018) dated 19.9.2018 with condition that one of the bailors should be close relative having sufficient property within the jurisdiction of the civil court concerned and he will co-operate in disposal of the trial and appear as and when required.

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(Vinod Kumar Sinha, J)

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chn/-

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U T

Santosh Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Santosh Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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