This order grants bail to petitioners in three criminal miscellaneous matters arising from a case of enmity involving assault.
Released on bail furnishing bonds of Rs. 20,000 with sureties, subject to Section 437(3) CrPC conditions.
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.29593 of 2022
Arising Out of PS. Case No.-126 Year-2020 Thana- SHERGHATI District- Gaya
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Shankar Yadav Son Of Jitan Yadav R/O Village- Shivratipur Jolbigha, P.O.Bajaura, P.S.- Dobhi, District- Gaya, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 39102 of 2022
Arising Out of PS. Case No.-126 Year-2020 Thana- SHERGHATI District- Gaya
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Mahesh Yadav S/o Degan Yadav R/o village- Jolahbigha, P.S.- Dobhi, District- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
with CRIMINAL MISCELLANEOUS No. 45239 of 2022
Arising Out of PS. Case No.-126 Year-2020 Thana- SHERGHATI District- Gaya
====================================================== Prakash Yadav @ Prakash Kumar Yadav S/O Niru Yadav Resident of villageMistri tar, Bajaura P.S.- Barachatti, Disrict- Gaya, Bihar.
... ... Petitioner/s
Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 29593 of 2022) For the Petitioner/s : Mr.Avinash Shekhar, Advocate For the Opposite Party/s : Mr.Nagendra Prasad, APP (In CRIMINAL MISCELLANEOUS No. 39102 of 2022) For the Petitioner/s : Mr.Ajay Kumar Sinha, Advocate For the Opposite Party/s : Mr.Bishweshwar Ram, APP (In CRIMINAL MISCELLANEOUS No. 45239 of 2022) For the Petitioner/s : Mr.Avinash Shekhar, Advocate For the Opposite Party/s : Mr.Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
... ... Opposite Party/s
ORAL ORDER
Heard learned counsel for the petitioners and learned
3 02-12-2022
Patna High Court CR. MISC. No.29593 of 2022(3) dt.02-12-2022 2/5
APP for the State through video conferencing.
Let the defect (s), as pointed out by the office, be removed within a period of four weeks.
In the present case, the petitioners seek bail in connection with Sherghati (Dobhi) P.S. Case No. 126 of 2020 registered for the alleged offences under Sections 147, 341, 323, 504, 506, 325, 307 and 379 of the Indian Penal Code.
As per prosecution case, due to an old enmity, the petitioners and other co-accused persons who were armed with lathi, khanti and tangi came to the house of the informant and assaulted the informant and her family members. The victim received a number of injuries.
The learned counsels for the petitioners submit that the petitioners are innocent and have been falsely implicated in this case, no occurrence has taken place in the manner as alleged by the informant. The allegation against the petitioner Shankar Yadav is that of assaulting the informant with tangi by hitting on the head with multiple times on saying of one Akal Yadav who gave him tangi but the said Akal yadav is a dead person and his death occurred in 2011. So it is out and out a false case. Moreover, the FIR was registered after delay of six days for which there is no explanation. It has further been submitted on
Patna High Court CR. MISC. No.29593 of 2022(3) dt.02-12-2022 3/5
behalf of the petitioners that the present case is counter blast of Sherghati P.S. Case No. 461 of 2020 dated 12.09.2020 registered for the alleged offences under Sections 147, 149, 341, 323, 325, 504, 506 and 379 of the Indian Penal Code against the informant and others. Although, the fardbeyan of this case was recorded on 14.03.2020, the FIR has been registered only in the month of September. It was lodged for to an occurrence which took place during the celebration of festival of Holi in which the altercation took place and free fight occurred between two groups. The FIR was registered on the fardbeyan of the coaccused Manoj Yadav. Learned counsel further submits that the injury report of the informant does not show any sharp cut injury and only lacerated wound has been found and the doctor gave the opinion that it was caused by hard and blunt object. The matter has been compromised and one of the co-accused person Bhikkan Yadav has been granted regular bail by a Coordinate Bench of this Court vide order dated 12.04.2022 passed in Cr. Misc. No. 68016 of 2021 and a number of other coaccused persons have been granted anticipatory bail by another Co-ordinate Bench of this Court vide order dated 09.12.2021 passed in Cr. Misc. No. 36196 of 2021. The petitioners are in custody since 03.11.2021, 23.05.2022 and 22.06.2022,
Patna High Court CR. MISC. No.29593 of 2022(3) dt.02-12-2022 4/5
respectively. Charge-sheet has been submitted and the petitioners are having clean antecedent.
Learned APP opposes the prayer for bail.
Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the nature of allegation along with the facts brought on record specifically the injury report and naming of dead person in the FIR and further considering the period of custody of the petitioners and their clean antecedent and the submission of charge-sheet, the petitioners above named are directed to be released on bail on furnishing bail bonds of Rs. 20,000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Sherghati, Gaya in connection with Sherghati (Dobhi) P.S. Case No. 126 of 2020 subject to the conditions mentioned in Section 437(3) of the Cr.P.C. and the following conditions:
(i) One of the bailors will be a close relative of the petitioners.
(ii) The petitioners will remain present on each and every date fixed by the court below.
(iii) In case of absence for three consecutive dates or in violation of the terms of the bail, the
Patna High Court CR. MISC. No.29593 of 2022(3) dt.02-12-2022 5/5
bail bonds of the petitioners will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J)
Rajnish/-
U T
1 issue framed by the court
Whether the petitioners should be released on bail considering the nature of allegations and period of custody.
Shankar Yadav and others
Mahesh Yadav and others
Prakash Yadav
The State of Bihar
Arun Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
