Allowed

Pintu Yadav @ Pintu Kumar v. The State of Bihar

Patna HC11 Jul 2022CR. MISC./14771/2022

Case brief

AI extract

What is this about?

Cr. Misc. No.14771 of 2022 in the Patna High Court. The petitioner, challenging a charge-sheet stage custody, sought bail in a case involving murder and other violent offences. The single judge granted bail after considering the counsel's submission regarding antecedents and similar treatment of co-accused.

What did the court decide?

Released on bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount each on specific conditions.

Pintu Yadav @ Pintu Kumar Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2022)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14771 of 2022

¶2

Arising Out of PS. Case No.-321 Year-2020 Thana- SHAMBHUGANJ District- Banka

¶3

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

¶4

PINTU YADAV @ PINTU KUMAR S/o Ramroop Yadav Resident of Village- Basbitta, Police Station- Shambhuganj, District- Banka.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶9

====================================================== Appearance : For the Petitioner/s : Mr.Sanjeev Kumar,Advocate For the Opposite Party/s : Mr.Ramchandra Sahni,APP ======================================================

¶10

CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

¶11

2 11-07-2022

¶12

Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

¶13

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

¶14

Petitioner seeks bail in a case registered for the offence punishable under Sections 147, 148, 149, 307, 325, 504, 506 of the Indian Penal Code as well as Section 27 of the Arms Act and later on added Section 302 of I.P.C.

¶15

Specific allegation of assault on the deceased is against co-accused Bhuneshwar Yadav. Allegation against the petitioner is that he assaulted to Mukesh Yadav.

¶16

Learned counsel appearing for the petitioner

¶17

Patna High Court CR. MISC. No.14771 of 2022(2) dt.11-07-2022 2/4

¶18

submits that the petitioner has clean antecedent. He has falsely been implicated in the present case. He further submits that the present case is counter blast of Shambhuganj P.S Case No. 323 of 2020 filed by one Sintu Yadav against the informant and others. He further submits that it appears from the FIR that there is specific allegation of assault on the deceased is against co-accused Bhuneshwar Yadav. Allegation against the petitioner is that he assaulted to Mukesh Yadav. He further submits that the injury report reveals that there is lacterated wound in head mid frontal area about 2 inches given stitches x ½” deep, lacerated wound right side temporal area above and finger ear pirra about 1 ½ inches given stitches and swelling of left forearm (cause by blunt substance). He further submits that similarly situated coaccused persons, namely, Sintu Yadav, Parshuram Yadav and Goonga @Guno @ Brajesh Yadav have been granted bail vide order dated 31.01.2022 passed in Cr. Misc. No. 30876 of 2021 by this Court and the police, after investigation, submitted charge-sheet against the petitioner and the petitioner is in custody since 22.09.2021.

¶19

Learned counsel for the informant as well as learned A.P.P. for the State have opposed the prayer for bail of the

¶20

Patna High Court CR. MISC. No.14771 of 2022(2) dt.11-07-2022 3/4

¶21

petitioner.

¶22

Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Shambhuganj P.S. Case No. 321 of 2020, with the following conditions:-

¶23

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

¶24

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

¶25

And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the

¶26

Patna High Court CR. MISC. No.14771 of 2022(2) dt.11-07-2022 4/4

¶27

acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

¶28

(Rajesh Kumar Verma, J)

¶29

Nitesh/-

¶30

U T

Pintu Yadav @ Pintu Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Pintu Yadav @ Pintu Kumar 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

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Jhunu Marwari @ Ranjan Kumar @ Sanjay Kumar Vs The State of Bihar

Birendra Sao Vs the State of Bihar

Sonu Kumar Pandit Vs The State of Bihar

Amit Kumar Vs the State of Bihar

Kailash Sahani Vs the State of Bihar

Manish Kumar @ Manki Vs The State of Bihar