The High Court at Patna granted regular bail to the petitioner, Ashok Yadav, in a case involving offences under various sections of the IPC. The court noted the parties were neighbours, the petitioner had no antecedents, and the charge sheet was filed.
Released on regular bail on furnishing ₹10,000/ bond 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.50522 of 2021
Arising Out of PS. Case No.-102 Year-2020 Thana- ANDHRATHARHI District- Madhubani
======================================================
ASHOK YADAV S/o Late Nathe Yadav R/o village- Chapahi, P.S.Andhrathadhi, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Gagandeo Yadav, Advocate For the Opposite Party/s : Mr. Narendra Kumar Singh, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
2 01-04-2022
Heard Mr. Gagandeo Yadav, learned counsel for the petitioner and Mr. Narendra Kumar Singh, learned Additional Public Prosecutor appearing for the State through video conferencing.
Petitioner seeks regular bail in connection with Andhrathadhi P.S. Case No. 102/2020 registered for the offences punishable under Sections 341, 342, 323, 326, 307, 379, 504 and 506/34 of the Indian Penal Code 1860.
The allegation, as per the First Information Report, is that the quarrel had taken place between the children and when the wife of the informant intervened in the matter, the petitioner and other accused persons surrounded and assaulted her by fists and slaps and snatched her golden chain. It has further been alleged that when the informant came to rescue his wife, the
Patna High Court CR. MISC. No.50522 of 2021(2) dt.01-04-2022 2/3
petitioner also assaulted him by means of knife, due to which, the informant sustained cut injury on his nose.
Learned counsel for the petitioner submits that both the parties are next door neighbours and occurrence had taken place on a trivial issue due to quarrel between the children. Learned counsel further submits that the petitioner has got no criminal antecedent, he is in custody since 13.12.2020 and charge sheet has already been submitted. He next submits that the occurrence has allegedly taken place on 10.12.2020 and First Information Report has been lodged on 11.12.2020 i.e. after delay of one day.
On the other hand, learned counsel for the State submits that the Doctor has found sharp cut injury near the nose of the informant which is grievous in nature.
Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that both the parties are next door neighbours, the petitioner is in custody since 13.12.2020 having no criminal antecedent, charge sheet has already been submitted and there is no likelihood that the petitioner will abscond or tamper with the evidence, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, above named, be
Patna High Court CR. MISC. No.50522 of 2021(2) dt.01-04-2022 3/3
released on regular bail on furnishing bail bonds of Rs.10,000/(Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. Jhanjharpur, Madhubani, in connection with Andhrathadhi P.S. Case No. 102/2020.
(Anil Kumar Sinha, J)
S.Ali/-
U T
1 issue framed by the court
Whether to grant regular bail to the petitioner in the pending criminal case.
1 provisions across 1 enactments
Ashok 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
