Allowed

Shivji Yadav @ Ghurahu Yadav v. the State of Bihar

Patna HC13 Jun 2023CR. MISC./29274/2023

Case brief

AI extract

What is this about?

Petitioners sought bail in a Buxar case involving offences including Sections 302, 307 IPC arising from an alleged land-dispute attack. The court granted regular bail considering custody period, clean antecedents, submission of charge sheet, parity with a co-accused already granted bail, and low risk of evidence tampering.

What did the court decide?

Petitioners released on bail on furnishing bail bond of Rs. 10,000 each with two sureties of like amount, with conditions regarding trial attendance and non-tampering.

Shivji Yadav @ Ghurahu Yadav Vs the State of Bihar — Bail and Remand | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.29274 of 2023

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Arising Out of PS. Case No.-4 Year-2023 Thana- BUXAR INDUSTRIAL District- Buxar

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======================================================

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SHIVJI YADAV @ GHURAHU YADAV SON OF LATE SHIV DUTT YADAV RESIDENT OF VILLAGE- GAGAURA, P.O. - CHURAMANPUR, P.S. - BUXAR (INDUSTRIAL), DISTT. - BUXAR

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RAMJI YADAV SON OF LATE SHIV DATT YADAV RESIDENT OF VILLAGE- GAGAURA, P.O. - CHURAMANPUR, P.S. - BUXAR (INDUSTRIAL), DISTT. - BUXAR

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AANJI YADAV SON OF RAMJI YADAV @ SURAHU YADAV RESIDENT OF VILLAGE- GAGAURA, P.O. - CHURAMANPUR, P.S. - BUXAR (INDUSTRIAL), DISTT. - BUXAR

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... ... Petitioner/s

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Versus

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THE STATE OF BIHAR BIHAR

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Alka Singh For the Opposite Party/s : Mr.Madan Kumar For the Informant : Mr.Arvind Kr. Pradhan ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

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2 13-06-2023

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Heard learned counsel for the petitioners, learned

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counsel for the Informant and learned A.P.P. for the State.

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The petitioners seek bail in connection with Buxar (Industrial) P.S. Case No. 4 of 2023 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 302, 379, 504, 506 of the Indian Penal Code.

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As per prosecution case, the petitioners and other coaccused persons, in the background of land dispute, attacked the informant and his family members. It is further alleged that petitioner no. 2 Ramji Yadav and co-accused Prabhunath Yadav

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Patna High Court CR. MISC. No.29274 of 2023(2) dt.13-06-2023 2/3

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assaulted Pawan Yadav by means of lathi and rod. It is further alleged that petitioner no. 1 Shivji Yadav and petitioner no 3 Anji Yadav assaulted Govardhan Yadav by means of lathi and bricks as a result of which he sustained injury. It is further alleged that coaccused Ramashis Yadav and Tej Narayan Yadav assaulted Bhadeshwar Yadav who died during the course of treatment.

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Learned counsel for the petitioners submits that the allegation of assaulting the deceased is against co-accused Ramashis Yadav and Tej Narayan Yadav. He further submits that both parties belong to the same village. He further submits that petitioners are in custody since 07.01.2023 and bear no criminal antecedent. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. He further submits that co-accused Prabhawati Devi has already been granted bail by co-ordinate Bench of this Court vide Cr. Misc. No. 21289 of 2023 and the case of present petitioners stands more or less on similar footing.

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The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioners.

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Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of petitioners, co-accused Prabhawati Devi has already been granted bail by the co-ordinate Bench of this Court, charge sheet has been submitted

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Patna High Court CR. MISC. No.29274 of 2023(2) dt.13-06-2023 3/3

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in the case and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioners above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Buxar in connection with Buxar (Industrial) P.S. Case No. 4 of 2023, subject to following conditions:-

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(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.

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(ii) Petitioners will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself.

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(iii) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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(Alok Kumar Pandey, J)

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alok/-

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U T

Shivji Yadav @ Ghurahu Yadav v. the State of Bihar

Case brief

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Shivji Yadav @ Ghurahu Yadav v. the State of Bihar

Case brief

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