Allowed

Ashok Yadav @ Bhagwan Yadav v. the State of Bihar

Patna HC5 Jul 2021CR. MISC./9136/2021

Case brief

AI extract

What is this about?

In a bail petition under Sections 447, 341, 323, 324, 307, 504, and 34 of the IPC, the Court allowed the petitioner's release on ₹10,000 bail with two sureties and conditions regarding address changes and appearance, noting no specific assault was attributed to him.

What did the court decide?

Petitioner released on bail bond of Rs. 10,000 with two sureties of like amount, subject to appearance conditions and address update undertaking.

Ashok Yadav @ Bhagwan Yadav Vs the State of Bihar — Cheating and Forgery | Patna HC (2021)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.9136 of 2021

¶2

Arising Out of PS. Case No.-87 Year-2020 Thana- BIHRA District- Saharsa

¶3

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

¶4

Ashok Yadav @ Bhagwan Yadav Son of Parmeshwari Yadav, Village Barahsher, P.S.- Bihra, District- Saharsa.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s

¶9

====================================================== Appearance :

¶10

For the Petitioner/s : Mr. Satish Kumar Singh, Advocate For the Opposite Party/s : Mr. Syed Mojibur Rahman, APP

¶11

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

¶12

CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER

¶13

2 05-07-2021

¶14

In view of sudden resurgence of COVID–19 infection

¶15

there is limited functioning of the High Court and therefore the matter has been listed for consideration through virtual mode.

¶16

Heard learned counsel for the petitioner and the learned APP for the State.

¶17

This Court would expect that the petitioner’s Counsel would honour his undertaking in the instant proceedings regarding supply of requisite court fee etc. within two weeks from the date he is called upon to do so by the office.

¶18

Petitioner seeks bail in Bihra P.S. Case No. 87 of 2020 registered for offence punishable under sections 447, 341, 323, 324, 307, 504, 34 of the Indian Penal Code.

¶19

Allegation is that the accused persons have gone to the house of the informant while there were sitting under the

¶20

Patna High Court CR. MISC. No.9136 of 2021(2) dt.05-07-2021 2/3

¶21

electric pole in front of the house and they have indiscriminately assaulted the informant and his family members.

¶22

It is submitted by the petitioner’s counsel that specific stab injury upon the brother of the informant is attributed against co-accused Manoj Yadav. Petitioner’s implication is only by virtue of his relationship, as he happens to be uncle of Manoj Yadav. No specific assault is attributed against the petitioner. He has no criminal antecedent and is in custody since 23.09.2020.

¶23

Learned APP has opposed the prayer for bail.

¶24

Considering the rival submissions as also the facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let 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 Chief Judicial Magistrate, Saharsa in Bihra P.S. Case No. 87 of 2020, subject to the following conditions:-

¶25

(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

¶26

Patna High Court CR. MISC. No.9136 of 2021(2) dt.05-07-2021 3/3

¶27

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.

¶28

(Madhuresh Prasad, J)

¶29

Mahesh/-

¶30

U T

Ashok Yadav @ Bhagwan Yadav v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Ashok Yadav @ Bhagwan Yadav 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

Parties & counsel

Coram

Case details

Similar cases

Rakesh Kumar @ Shailesh @ Sailesh Kumar Vs the State of Bihar

Sunil Kumar Singh Vs The State of Bihar

Indrajeet Kumar Vs The State of Bihar

Manohar Yadav Vs the State of Bihar

Jitendra Ram @ Doma Ram Vs The State of Bihar

Noor Alam Vs the State of Bihar