The High Court at Patna granted bail to Kanhaiya Yadav in a case involving offences under the IPC and Arms Act, noting his custody date and prior bail status in related cases.
Petitioner directed to be released on bail on furnishing a bond of Rs. 10,000 with two sureties of the same amount to the CJM, Banka.
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.51845 of 2022
Arising Out of PS. Case No.-687 Year-2019 Thana- BANKA District- Banka
======================================================
KANHAIYA YADAV SON OF LATE SIYA LAL YADAV R/O VILLAGEMANIKCHAK, P.S.- BANKA, DIST.- BANKA
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ajay Mukherjee For the Opposite Party/s : Mr.Narsingh Tanti ======================================================
CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER
2 22-12-2022
Heard the learned counsel for the petitioner and
the learned APP for the State.
The petitioner seeks bail in connection with
Banka P.S. Case No. 687 of 2019 instituted for the offences under Sections 341, 323, 307, 504, 506/34 of the Indian Penal Code and Section 27 of the Arms Act.
One Mokil Yadav is said to have been shot at by
one Gaurav Yadav. One Arun Yadav is also alleged to have fired but that did not hit anybody. The petitioner is stated to be member of the mob which had indulged in firing.
Considering this aspect of the matter, Arun Yadav has been granted bail by a Bench of this Court vide
Patna High Court CR. MISC. No.51845 of 2022(2) dt.22-12-2022 2/2
order dated 16.03.2020 passed in Cr. Misc. No. 15670 of
Though the petitioner has been made accused in
about six cases from before but in all such cases, he is on bail.
In the present, the petitioner is in custody since
18.06.2022.
Regard being had to the afore-stated, the petitioner, above named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka/Successor Court, Banka, in connection with Banka P.S. Case No. 687 of 2019.
(Ashutosh Kumar, J)
sunilkumar/-
U T
2 issues framed by the court
Whether the petitioner should be granted bail in connection with offences under the Indian Penal Code and the Arms Act.
Whether the petitioner's record of bail in prior connected cases is a material consideration for bail in the present case.
2 provisions across 2 enactments
Kanhaiya Yadav
The State of Bihar
Ashutosh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
