Partly allowed

Deo Yadav @ Debanand Sagar v. The State of Bihar

Patna HC18 Feb 2020CR. MISC./79497/2019

Case brief

AI extract

What is this about?

The High Court of Patna rejected a petition for anticipatory bail for petitioners accused of causing grievous injuries with weapons but granted anticipatory bail for other petitioners not causing such injuries, fixing a surrender period of six weeks for the former and 12 weeks for the latter.

What did the court decide?

Anticipatory bail granted to Petitioners 3-7 with a 12-week surrender period; anticipatory bail rejected for Petitioners 1-2 with a direction for regular bail consideration after 6 weeks.

Deo Yadav @ Debanand Sagar Vs The State of Bihar — Anticipatory Bail | Patna HC (2020)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.79497 of 2019

¶2

Arising Out of PS. Case No.-92 Year-2019 Thana- MAGADH UNIVERSITY District- Gaya

¶3

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

¶4

DEO YADAV @ DEBANAND SAGAR, S/o Kaileshwar Yadav, R/o villageBara, P.S.- Magadh Vishvidhayal, District- Gaya

¶5

Basant Yadav @ Basant Kumar, S/o Mugeshwar Yadav, R/o village- Bara, P.S.- Magadh Vishvidhayal, District- Gaya

¶6

Rajendra Yadav, S/o Late Somar Yadav, R/o village- Bara, P.S.- Magadh Vishvidhayal, District- Gaya

¶7

Gyani Yadav, S/o Late Nageshwar Yadav, R/o village- Bara, P.S.- Magadh Vishvidhayal, District- Gaya

¶8

Raju Yadav, S/o Somar Yadav, R/o village- Bara, P.S.- Magadh Vishvidhayal, District- Gaya

¶9

Babloo Yadav, S/o Mugeshwar Yadav, R/o village- Bara, P.S.- Magadh Vishvidhayal, District- Gaya

¶10

Jitendra Kumar, S/o Mugeshwar Yadav, R/o village- Bara, P.S.- Magadh Vishvidhayal, District- Gaya

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶15

====================================================== Appearance : For the Petitioner/s : Mr. Deepak Kumar, Adv. For the Opposite Party/s : Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH

¶16

ORAL ORDER

¶17

3 18-02-2020 Heard learned Counsel for the petitioners, informant and

¶18

learned APP for the State.

¶19

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 325, 326 and 307 of the Indian Penal Code.

¶20

The prosecution case got initiated on the basis of written

¶21

Patna High Court CR. MISC. No.79497 of 2019(3) dt.18-02-2020 2/4

¶22

report of Munni Yadav @ Munarik Yadav submitted before the Station House Officer, M.U. Police Station is to the effect that on 20.08.2019, at about 10.00 A.M., nine FIR named accused persons along with five unknown, including the petitioners, variously armed came and started ploughing the agricultural field of the informant, on protest being made, all the accused persons assaulted him, causing fracture injury on the head and cut injury on the leg of the informant. When parents and brother of the informant came to rescue the informant, they were also assaulted by the accused persons. It is specifically alleged that petitioner No.1, Deo Yadav assaulted on the head of the informant with a garasa, while petitioner No.2, Basant Yadav assaulted on the leg of the informant with a sword. It is further alleged that petitioner No.4, Gyani Yadav assaulted on the head of Hira Yadav with a khanti whereas petitioner no.5, Raju Yadav assaulted on the hand of Hira Yadav with a lathi. Petitioner No.7, Jitendra Yadav assaulted on the head of Raj Kumar Yadav with a khanti . Co-accused, Laldeo Yadav assaulted on the right hand of Mina Devi with a sword causing cut injury whereas Kamlesh Yadav assaulted on her thigh with a khanti .

¶23

It is submitted by learned counsel for the petitioners that in the background of land dispute, the accusation has been levelled

¶24

Patna High Court CR. MISC. No.79497 of 2019(3) dt.18-02-2020 3/4

¶25

against all the accused persons, including the petitioners. Moreover, there is a counter version of the occurrence, being M.U. P.S. Case No. 94 of 2019. The accusation is basically omnibus and general. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.

¶26

It is submitted by learned counsel for the informant that there is specific accusation against petitioner Nos. 1 and 2 that they have assaulted the informant, as a result, he received grievous injuries.

¶27

Considering, the nature of injury alleged to have been caused by petitioner Nos.1 and 2, Deo Yadav @ Debanand Sagar and Basant Yadav, this Court is not inclined to enlarge them on anticipatory bail. Accordingly, their prayer for anticipatory bail is rejected.

¶28

However, the learned Court below is expected to consider the prayer for regular bail of petitioner Nos.1 and 2, if they surrender before the learned Court below within a period of six weeks.

¶29

Considering the fact that no grievous injury has been caused by petitioner Nos. 3 to 7, there being a counter version of the occurrence and the genesis of the

¶30

Patna High Court CR. MISC. No.79497 of 2019(3) dt.18-02-2020 4/4

¶31

occurrence being the land dispute, let petitioner Nos. 3 to 7 above named be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM-IX, Gaya, in connection with M.U. P.S. Case No.92 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

¶32

(Dinesh Kumar Singh, J)

¶33

Ashwini/-

¶34

U T

Deo Yadav @ Debanand Sagar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Deo Yadav @ Debanand Sagar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sunita Devi Vs The State of Bihar

Prem Sah Vs The State of Bihar

Sanjay Mahto Vs the State of Bihar

Kundan Kumar Vs The State of Bihar

Abhiraj Singh @ Tutu Singh Vs The State of Bihar

Upendra Rai Vs the State of Bihar