In a bail petition under Sections 341, 323, 353, 188, 224 and 34 IPC, the court granted bail to the petitioner, noting his clean antecedents and the submission of the charge-sheet despite allegations of prison contraventions.
Released on bail on furnishing a bond of Rs. 20,000 with two sureties of the like amount each.
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.2608 of 2022
Arising Out of PS. Case No.-701 Year-2021 Thana- KHAGARIA District- Khagaria
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RAMANAND YADAV @ VIVEKANAND YADAV Son of Late Dhaneshwar Prasad Yadav Resident of Village - Saidpur, P.s.- Mansi, Distt.- Khagaria.
... ... Petitioner/s Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Viveka Nandsingh, Adv. For the Opposite Party/s : Mr.Rajendra Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER
2 25-05-2022
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Khagaria (Chitraguptnagar) P.S. Case No. 701 of 2021 registered for the offences punishable under Sections 341, 323, 353, 188, 224 and 34 of the Indian Penal Code.
The learned counsel for the petitioner submits that the petitioner is in custody since 06.09.2021, charge-sheet has been submitted in the case and is a person with clean antecedent and the informant alleges that Ramanand Yadav (petitioner) informed him that his duty starts from 10 P.M., hence he should get ready, on which the informant before taking charge of his
Patna High Court CR. MISC. No.2608 of 2022(2) dt.25-05-2022 2/3
duty inspected the prison ward and saw the gate of prison ward was opened, on which when he went to close the door, the same was objected by the petitioner and thereafter petitioner along with Dharmveer tried to strangulate the informant but he managed to flee and reached the police station and instituted the FIR.
The learned counsel submits that the petitioner is named in the FIR and at best allegation against him is of pressing the neck of the informant, when there is no injury report on record. It is next submitted that all the sections are bailable except Section 353 of the IPC which carries a punishment of two years.
The learned A.P.P. for the State opposes the prayer for bail of the petitioner.
Considering the fact that the petitioner is in custody since 06.09.2021, is a person with clean antecedent, chargesheet has been submitted in the case and the petitioner has remained in custody for nearly eight months, let the petitioner above named be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with
Patna High Court CR. MISC. No.2608 of 2022(2) dt.25-05-2022 3/3
Khagaria (Chitraguptnagar) P.S. Case No. 701 of 2021.
(Satyavrat Verma, J)
shahzad/-
U T
2 issues framed by the court
Whether bail should be granted to the petitioner charged with offences under Sections 341, 323, 353, 188, 224 and 34 of the Indian Penal Code.
Whether the length of custody, clean antecedents, and submission of charge-sheet warrant release on bail.
1 provisions across 1 enactments
RAMANAND YADAV @ VIVEKANAND YADAV
The State of Bihar
SATYAVRAT VERMA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
