In bail application arising from FIR under sections 147, 148, 307, 354, etc. IPC, the court granted bail to the petitioner despite serious charges, ruling he was falsely implicated and main allegations targeted others.
Petitioner to be released on bail on furnishing a bond of Rs.10,000 with two sureties of 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.84658 of 2019
Arising Out of PS. Case No.-74 Year-2019 Thana- NAUHATTA District- Saharsa
======================================================
KRISHNA KUMAR YADAV @ KRISHAN KUMAR YADAV Son of Late Bishwanath Yadav Resident of Village - Narayanpur, P.S.- Nauhatta (Darhar O.P.), District- Saharsa
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr. Chandra Mohan Jha For the Opposite Party/s : Mr. Abhay Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 16-03-2020
Heard learned counsel for the petitioner and learned
APP for the State.
The instant application for bail has been filed by the petitioner, who is in custody in connection with Nauhatta P.S. Case No.74 of 2019, registered for the offence punishable under sections 147, 148, 149, 341, 323, 307, 354A, 354B, 379, 447, 448, 504 and 506 of the Indian Penal Code and section 27 of the Arms Act.
As per allegation in the F.I.R., it is stated that the six named accused persons including the petitioner herein variously armed threatened the informant to withdraw the earlier case otherwise her family would be killed. It is further stated that Ram Kumar Yadav armed with firearm shot the husband of the informant as a result of which he fell down injured while
Patna High Court CR. MISC. No.84658 of 2019(3) dt.16-03-2020 2/2
Kailash Yadav pulled her hair and misbehaved with her. It is further stated that all of them took away goods including jewellery and cash worth Rs.1.25 lacs.
It is submitted by learned counsel for the petitioner that from reading of the F.I.R., it would be transpire that the main allegation is against Ram Kumar Yadav and Kailash Yadav, while the allegations against others are general and omnibus in nature. The petitioner has been falsely implicated in this case. He is in custody since 28.10.2019.
The application for bail has been opposed by learned APP for the State.
Having heard learned counsel for the parties and taking into consideration the fact that the main allegation as per the F.I.R. is against Ram Kumar Yadav and Kailash Yadav, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be released on bail in connection with Nauhatta P.S. Case No.74 of 2019 on furnishing bail bond of Rs.10,000/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Saharsa.
(Partha Sarthy, J.)
amit/- U T
1 issue framed by the court
Whether the petitioner should be granted bail in a case involving serious offences including 307 IPC.
Krishna Kumar Yadav @ Krishan Kumar Yadav
The State of Bihar
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
