Partly allowed

Mantu Yadav v. The State of Bihar

Patna HC11 Feb 2021CR. MISC./4424/2020

Case brief

AI extract

What is this about?

In a bail application regarding assault charges under section 307 IPC, the Patna High Court separately considered pleas. It granted anticipatory bail to petitioner 2 but rejected it for petitioner 1, citing nature of allegation and victim statement against the latter.

What did the court decide?

Petitioner 2 Sunil Yadav to be released on bail upon arrest. Petitioner 1 Mantu Yadav bail application rejected.

Mantu Yadav Vs The State of Bihar — Anticipatory Bail | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4424 of 2020

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Arising Out of PS. Case No.-272 Year-2019 Thana- KONCH District- Gaya

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

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MANTU YADAV S/o Anil Yadav Resident of Village and Post- Bargaon, P.S.- Konch, Distt- Gaya (Bihar)

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Sunil Yadav S/o Bhuneshwar Yadav Resident of Village and Post- Bargaon, P.S.- Konch, Distt- Gaya (Bihar)

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sanjay Kumar Sharma For the Opposite Party/s : Mr. Pranav Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER

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5 11-02-2021

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Heard learned counsel for the petitioners and the learned

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A.P.P. for the State.

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The petitioners apprehend their arrest in connection with Konch P.S. Case No. 272 of 2019 (G.R. No. 4737 of 2019) for the offence punishable under Sections 147, 149, 341, 342, 448, 307, 354 and 504 of the Indian Penal Code.

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Learned counsel appearing for the petitioners submits that the petitioners are innocent and have not committed any offence. In fact, the petitioners have falsely been implicated in this case due to previous enmity as the parties happened to be next door neighbor (gotia) and they are having inimical term since long. Hence, the petitioners may be granted the privilege of anticipatory bail.

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Learned A.P.P. for the State has opposed the prayer for bail and submitted that there is direct allegation of assault by lathi against

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Patna High Court CR. MISC. No.4424 of 2020(5) dt.11-02-2021 2/2

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the petitioner No.1 resultantly the informant sustained injury which is evident from the statement of the victim-informant recorded at paragraph -35 of the case diary. Moreover, he has got antecedents of two other cases. But the injured has not disclose the name of Petitioner No.2 in her statement. He has got clean antecedent.

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Considering the facts and circumstances of the case, let petitioner No.2, Sunil Yadav, in the event of his arrest or surrender before the court below within a period of four weeks be released on bail 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 A.C.J.M.-III, Gaya in connection with Konch P.S. Case No. 272 of 2019 (G.R. No. 4737 of 2019) subject to the conditions laid down under Section 438(2) of the Cr.P.C.

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So far as petitioner No.1, Mantu Yadav, is concerned, considering the nature of allegation against him and the statement of victim, I am not inclined to grant privilege of anticipatory bail to the petitioner. Accordingly, the prayer for bail of this petitioner is rejected.

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(Arvind Srivastava, J)

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Brajesh/-

Mantu Yadav v. The State of Bihar

Case brief

What is this about?

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Mantu 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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