This order grants bail to the petitioner facing charges of rioting, murder, and armed offense linked to a land dispute. The court directed removal of defects and fixed bail bonds with conditions regarding cooperation and evidence tampering.
Release on bail by furnishing bond of Rs. 10,000 with two sureties to the Chief Judicial Magistrate, Katihar.
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.9649 of 2022
Arising Out of PS. Case No.-206 Year-2021 Thana- MANIHARI District- Katihar
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SAHEB YADAV SON OF LATE PERMESHWAR YADAV R/O VILLAGEMIRJAPUR, P.S.- MANIHARI, DISTRICT- KATIHAR
... ... Petitioner/s Versus The State of Bihar BIHAR ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Rajendra Prasad Sah For the Opposite Party/s : Mr.Sanjay Kumar Tiwary ======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER
2 06-07-2022
Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks bail in connection with Manihari P.S. Case No. 206 of 2021 registered for the offences punishable under Sections 147, 148, 149, 364, 302, 201, 307, 386, 387, 120B of the Indian Penal Code and Section 27 of the Arms Act.
As per prosecution case, there is previous land dispute between the parties with regard to possession of same. Accused persons of this case wanted to dispossess the
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informant’s side forcibly. It has been stated that on 18.09.2021 the uncle of informant namely Sunil Yadav, Mahesh Yadav and Dinesh Yadav were going to their field to plant Kalay crop, where accused persons named in the F.I.R. including the petitioner and others surrounded the informant and others and co-accused Bipin Yadav made firing upon uncle of informant Mukesh Prasad Yadav and co-accused Ram Niwas Yadav fired upon Sunil Yadav by pistol. It is alleged that the present petitioner is alleged to be order giver.
Learned counsel for the petitioner submits that petitioner is in custody since 09.10.2021. Petitioner bears criminal antecedent of two cases in which he is on bail. Chargesheet has already been submitted in the case and there is no likelihood of tampering the prosecution evidence. Learned counsel for the petitioner further submits that the petitioner is quite innocent and has committed no offence at all. The name of petitioner has been dragged in the case only for the reason that he happens to be family member of co-accused persons and the entire family members have been dragged in the case merely on suspicion on the basis of fabricated story of threatening on account of land dispute. He further submits that nothing specific has been alleged against the petitioner and there is specific
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allegation of firing against co-accused Bipin Yadav and Ram Niwas Yadav. As per F.I.R., the petitioner is alleged to be an order giver and nothing else.
The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.
Considering the facts and circumstances of the case, period of custody, nature of allegation, charge-sheet has already been submitted and also taking into consideration the material available on record, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Manihari P.S. Case No. 206 of 2021, subject to following conditions:-
(i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates would be a ground for cancellation of bail by the learned Trial court itself.
(iii) If the petitioner tampers with the evidence or
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the witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
(Alok Kumar Pandey, J)
shahzad/amit
U T
2 issues framed by the court
Whether to grant bail to the petitioner in a case involving offences of rioting, criminal conspiracy, culpable homicide, murder, and causing grievous hurt.
Whether the petitioner, alleged as an order giver, can be released on bail after the chargesheet has been submitted.
2 provisions across 2 enactments
Saheb Yadav
The State of Bihar
Allok Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
