The High Court granted anticipatory bail to the petitioner who was in custody for multiple offences including murder, noting that identical allegations against a co-accused had already resulted in bail.
Petitioner released on bail by furnishing a bond of Rs. 20,000 with two sureties of the like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.20637 of 2019
Arising Out of PS. Case No.-512 Year-2018 Thana- SAUR BAZAR District- Saharsa
======================================================
Ajay Yadav @ Ajay Yadava Son of Sri Bindeshwari Yadav R/o village- Tiri, P.S.- Saur Bazaar, District- Saharsa
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Mukesh Kumar, Advocate For the Opposite Party/s : Mr. Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
3 10-06-2019
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner is languishing in custody for the offences punishable under Sections 341/323/324/ 307 /379 / 504/506/34 of the Indian Penal Code and Section 27 of the Arms Act. Later on offence under Section 302 of the Indian Penal Code was added.
It appears that having identical allegation co-accused Anil Yadav has been allowed bail by a coordinate Bench of this Court. The petitioner is in custody since 20.11.2018. The petitioner had not participated in the subsequent occurrence of assault in which murder was committed.
Hence, let the petitioner, above named, be released on
Patna High Court CR. MISC. No.20637 of 2019(3) dt.10-06-2019 2/2
bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Saur Bazar P.S. Case No.512 of 2018, with following conditions:
(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below having immovable property in his name.
(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.
(Birendra Kumar, J)
Mkr./-
U T
1 issue framed by the court
Whether the petitioner charged with offences punishable under the Indian Penal Code and Arms Act is to be released on bail.
3 provisions across 2 enactments
Ajay Yadav
The State Of Bihar
Birendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
