In a criminal miscellaneous application for bail in a murder and cheating case, the High Court allowed the petitioner's release pending trial after the case was committed, granting bail subject to furnishing a bond.
Released on bail by furnishing a bond of Rs. 10,000 with two sureties of the like amount.
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.10328 of 2022
Arising Out of PS. Case No.-49 Year-2020 Thana- MANSAHI District- Katihar
======================================================
NIRANJAN YADAV Son of Late Ram Narayan Yadav Resident of Village - Bishanpur, P.S.- Mansahi, Distt.- Katihar.
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Bhola Prasad, Adv. : Mr. Indrajeet Kumar, Adv. For the Opposite Party/s : Mr. Ajay Kumar No.2, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER
2 23-06-2022
Heard learned counsel for the petitioner, learned counsel
for the informant and learned A.P.P. for the State.
The petitioner seeks bail in Sessions Trial No. 283/2021 arising out of Mansahi P.S. Case No. 49/2020 lodged under Sections 302, 120B, 34 the Indian Penal Code, 1860 and Section 27 of the Arms Act.
As per allegation made in the FIR, on 07.06.2020 by the informant alongwith his wife were going to field, the accused persons named in the FIR surrounded his wife and took her away in maize field. It has also been alleged that some of the accused persons were chased the informant, in the meantime, the informant heard firing sound, the informant has also seen fire-arm in the hand of coaccused, namely, Lalu Yadav. It has further been stated in the FIR that when the informant entered in the maize field they saw the dead body of his wife stained with blood. The informant alleged in the FIR
Patna High Court CR. MISC. No.10328 of 2022(2) dt.23-06-2022 2/3
that accused persons have caused conspiracy due to the reason that co-accused, namely, Lalu Yadav was continuously disturbing the informant’s wife on her mobile and was putting pressure to do wrong act for which the informant side has opposed. He further alleged that in the FIR that prior to this present occurrence there was dispute taken place between the informant and Surja Yadav for grazing the goat in the field of informant and thereafter, Surja Yadav had threatened to kill her four days ago. It has also been stated in the FIR that there is land dispute is going on for one and half Bigha of land with the accused persons.
Learned counsel for the petitioner submits that the allegation made in the FIR are in two parts, in first part allegation is only on four persons in which name of the petitioner was not figured. He further alleged that in the second part of the FIR, the name of the petitioner was figured and the specific allegation upon the present petitioner is only chasing the informant. He further submits that the petitioner was neither committed any act nor overact. He further submits that none of the offences under which case has been instituted are made out against the present petitioner. He further submits that charge sheet has already been submitted in the case, case has been committed and the petitioner is in custody since 11.01.2021 and having no criminal antecedent. He further submits that coaccused on whom there are serious allegation than the present petitioner, namely, Suresh Yadav and Surja Yadav have been granted
Patna High Court CR. MISC. No.10328 of 2022(2) dt.23-06-2022 3/3
bail by co-ordinate Bench of this Court vide order dated 26.07.2021 and 12.01.2022 passed in Cr. Misc. No. 15058/2021 and Cr. Misc. No. 43040/202 respectively.
The learned A.P.P. for the State opposes the prayer for bail and submits that allegation of Section 302 and Arms Act are on the petitioner and therefore, bail should be rejected.
In the facts and circumstances of the case that charge sheet has already been submitted, case has been committed, petitioner is in judicial custody since 11.01.2021, having clean antecedent and co-accused have been granted bail by this court, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Katihar in connection with S.T. No.283/2021 arising out of Mansahi P.S. Case No. 49/2020, as condition laid down under Section 437 (3) of the Cr.P.C.
(Dr. Anshuman, J)
amitkumar/-
U T
1 issue framed by the court
Whether the petitioner should be released on bail in a murder and cheating case after the case has been committed to the SESSIONS COURT.
1 provisions across 1 enactments
Niranjan Yadav
The State of Bihar
Anshuman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
