Single judge allowed regular bail to the petitioner in a murder and dangerous injury case arising from a land dispute, considering no overt act, duration of custody, and prior bail grants to co-accused.
Petitioner released on bail by furnishing bonds of Rs. 20,000 with two sureties of 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.32233 of 2021
Arising Out of PS. Case No.-35 Year-2019 Thana- JAMHOR District- Aurangabad
======================================================
MANOJ YADAV S/o Madheshwar Yadav R/o village- Gijana, P.S.- Jamhore, District- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Rajendra Kumar Shastri Ms.Malti Kumari For the Opposite Party/s : Mr. Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
3 17-02-2022
Heard learned Counsel for the petitioner and learned
Additional Public Prosecutor for the State.
The petitioner seeks regular bail in connection with
Sessions Trial No. 55 of 2021, arising out of Jamhore Police Station Case No. 35 of 2019, registered for the offences punishable under Sections 147/148/149/341/323/325/307/302 of the Indian Penal Code and Section 27 of the Arms Act.
This is the second attempt on behalf of the petitioner for grant of regular bail. Earlier, the prayer for regular bail of the petitioner was rejected by this Court, vide order, dated 17.11.2019, passed in Criminal Misc. No. 51613 of 2019, on the ground that the prayer for bail of similarly situated co-accused person, namely, Pramod Yadav, has been rejected by a co-
Patna High Court CR. MISC. No.32233 of 2021(3) dt.17-02-2022 2/4
ordinate Bench of this Court.
The prosecution case, as per the First Information Report, is that a Septic Tank was being installed on the land of the informant by the petitioner and other accused persons and upon objection being raised by the brother of the informant Binda Yadav, the accused persons assaulted him by rod, lathi, etc. due to which, he succumbed to injuries in the hospital.
Learned Counsel for the petitioner submits that no overt act has been alleged against the petitioner and he has falsely been implicated in this case due to land dispute. He further submits that there is case and counter case inasmuch as Jamhore Police Station Case No. 36 of 2019 has been lodged by the side of the petitioner against the informant and others. He further submits that the bail application of the petitioner was earlier rejected on the ground that the prayer for bail of similarly situated co-accused person, namely, Pramod Yadav, has been rejected by co-ordinate Bench of this Court. He further submits that large number of accused persons have been granted bail by co-ordinate Benches of this Court, which would be evident from the statement made in paragraph 7 of this application. He further submits that co-accused Pramod Yadav has also been granted bail by co-ordinate Bench of this Court, vide order, dated
Patna High Court CR. MISC. No.32233 of 2021(3) dt.17-02-2022 3/4
17.11.2021, passed in Criminal Misc. No. 27092 of 2021. He further submits that the petitioner is in custody since 03.05.2019, having no criminal antecedent.
This Court, vide order, dated 15.12.2021, had called for a report from the learned Court below regarding the stage of the case and in pursuance of the said order, a report has been submitted by learned 12th Additional Sessions Judge, Aurangabad, and from perusal of the same, it would be evident that none of the chargesheeted witnesses has been examined in the trial as yet.
After having heard learned Counsel for the parties and taking into consideration the materials available on record and the fact that this is second attempt on behalf of the petitioner for grant of regular bail, no overt act has been alleged against the petitioner, there is land dispute between the parties, similarly situated co-accused persons have been granted bail by this Court and the petitioner is in custody since 03.05.2019, I am inclined to grant regular bail to the petitioner.
This application is, accordingly, allowed.
Let the petitioner, above named, be released on bail, upon furnishing bail bonds of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.32233 of 2021(3) dt.17-02-2022 4/4
learned 12th Additional Sessions Judge, Aurangabad, in connection with Sessions Trial No. 55 of 2021, arising out of Jamhore Police Station Case No. 35 of 2019.
This is subject to the condition that the petitioner shall present himself before the Court, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
3 issues framed by the court
Whether regular bail should be granted to the petitioner in light of no overt act alleged, land dispute, lengthy custody, and bail for co-accused.
Whether the second attempt for bail warrants rejection given prior rejection of similar co-accused.
In what terms bail bonds and conditions should be framed.
2 provisions across 2 enactments
Manoj Yadav
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
