Allowed

Uchit Yadav v. The State of Bihar

Patna HC24 Jan 2022CR. MISC./12353/2021

Case brief

AI extract

What is this about?

This oral order grants anticipatory bail to the petitioner in a murder case arising under a police station case, directing release on a personal bond subject to furnishing cash bail after normalcy is restored, citing the third wave of COVID-19 pandemic.

What did the court decide?

The petitioner directed to be released on anticipatory bail on personal bond within twelve weeks if arrested/surrendered, to furnish Rs. 10,000 cash bail with two sureties after normalcy.

Uchit Yadav Vs The State of Bihar — Quashing and FIR | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12353 of 2021

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Arising Out of PS. Case No.-226 Year-2019 Thana- KATORIYA District- Banka

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

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UCHIT YADAV Son of Karu Yadav Resident of Village - Hindolavaran, P.S.Katoriya, Dist.- Banka.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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

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For the Petitioner/s : Mr.Md. Najmul Hodda, Advocate For the Opposite Party/s : Mr.Awadhesh Kumar Singh, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH

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ORAL ORDER

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2 24-01-2022

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Due to the third wave of COVID-19 Pandemic, the

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matter is being taken up by way of Virtual Court proceeding.

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The matter has been listed under the heading ‘For Orders’ under the orders of Hon’ble the Chief Justice.

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Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

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Learned Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy.

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The petitioner is apprehending his arrest in connection with Katoriya P.S. case No.226 of 2019 registered under Sections 302/34 of the Indian Penal Code.

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Prosecution case, in short, is that on 04.02.2019 at about 8.30 p.m. the informant came to know that his elder son

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Patna High Court CR. MISC. No.12353 of 2021(2) dt.24-01-2022 2/3

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Binod Yadav was shot dead near Barwasni Water Tank. The informant along with his family members went there and saw the dead body of his son. The informant raised suspicion that the accused persons had killed his son.

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It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is not named in the F.I.R. His name has transpired in this case during course of investigation merely on the basis of suspicion. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in this case. There is no eye witness to the alleged occurrence nor there is any circumstantial evidence to suggest the participation of the petitioner in this case.

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On behalf of the State, it is submitted that the petitioner is not named in the complaint case/F.I.R.

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It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail application has taken note of the exponential rise in number of covid cases due to outbreak of third wave of Covid-19 pandemic. Further this Court can also not lose sight of the fact

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Patna High Court CR. MISC. No.12353 of 2021(2) dt.24-01-2022 3/3

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that the condition of jails is not conducive and suitable to the present situation which has arisen due to the sudden rise in covid cases.

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Considering the facts and circumstances, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Katoriya P.S. case No.226 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the Court concerned in connection with the aforesaid case.

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(Sudhir Singh, J)

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Narendra/-

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U T

Uchit Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Uchit Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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