The Patna High Court granted bail to the petitioner in a criminal case involving murder and riot-related offences. The petitioner was released on furnishing sureties with conditions to cooperate during the trial.
Released on bail by furnishing bonds 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.8576 of 2020
Arising Out of PS. Case No.-159 Year-2018 Thana- JAGDISHPUR District- Bhagalpur
======================================================
Satendera Yadav @ Satendra Yadav Son of Mittu Yadav Resident of Village - Koili Khutaha, P.S.- Jagdishpur and Distt - Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Madan Mohan For the Opposite Party/s : Mr.Satyadeo Singh Yadav ======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER
6 02-11-2020
Due to COVID-19 Pandemic, the matter is being taken up by way of Virtual Court proceeding.
The matter has been listed under the heading ‘For Orders’ under the orders of Hon’ble the Chief Justice.
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case instituted for the offences under Sections 147, 148, 149, 341, 324, 302 of the Indian Penal Code and 27 of the Arms Act.
Prosecution allegation, in short, is that the accused persons opened fire at the son of the informant due to which he fell down and sustained fire arm injuries and later died in course of treatment.
A report was called for from the Trial Court regarding the state of the case. The same has been received.
It has been submitted on behalf of the petitioner that the
Patna High Court CR. MISC. No.8576 of 2020(6) dt.02-11-2020 2/2
petitioner is in custody since 14.06.2018. There is no allegation of tampering of witnesses alleged against the petitioner. Charge-sheet has been submitted in the present case. There is no specific allegation of assault alleged against the petitioner. General and omnibus allegation has been made against the petitioner. As per the report of the Trial Court, there is no chance of the trial being concluded in near future due to Covid-19 pandemic. Other coaccused namely Uma Shankar Yadav and Bhuneshwar Yadav have been granted bail by the Court below.
On behalf of the State, it is submitted that the petitioner is named in the F.I.R.
Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned 4th ADJ, Bhagalpur in connection with S.T. No. 541 of 2018 arising out of Jagdishpur P.S. Case No. 159/2018.
It is further directed that the petitioner shall cooperate during the trial.
(Sudhir Singh, J)
Pankaj/-
U T
1 issue framed by the court
Whether to grant bail to the petitioner in a case involving offences under Sections 147, 148, 149, 341, 324, 302 of the IPC and Section 27 of the Arms Act.
Satendera Yadav @ Satendra Yadav
The State of Bihar
Sudhir Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
