Allowed

Uday Yadav @ Uday Kumar v. The State of Bihar

Patna HC13 Oct 2023CR. MISC./62102/2023

Case brief

AI extract

What is this about?

The Patna High Court, in an oral order, granted anticipatory bail to Uday Yadav in an FIR involving gang possession, attempted murder, and assault, subject to bond conditions and personal attendance.

What did the court decide?

The petitioner shall be released on bail upon arrest or surrender within eight weeks by furnishing a bond of Rs. 20,000 with two sureties of like amount each.

Uday Yadav @ Uday Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.62102 of 2023

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Arising Out of PS. Case No.-608 Year-2022 Thana- KONCH District- Gaya

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

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Uday Yadav @ Uday Kumar, S/O Awadhesh Yadav, R/O Village- Hasanpur, P.S- Uphara, Distt.- Aurangabad.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Sanjay Kumar Sharma, Advocate For the Opposite Party/s : Mr. Awadhesh Kumar Singh, APP

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

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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

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2 13-10-2023

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Heard learned counsel for the petitioner and learned counsel for the State.

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In this case, the petitioner is apprehending his arrest in connection with Konch P.S. Case No. 608 of 2022, registered for the offences under Sections 147, 148, 149, 307, 504 and 506 of the Indian Penal Code and Section 27 of the Arms Act.

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As per prosecution case, the petitioner and other coaccused persons, who were armed with rifle gun, bhala , garansa , sword, lathi and danda opened fire upon the agricultural land of the informant targeting the informant and her brother but they saved themselves anyhow. Thereafter, the petitioner and coaccused Pramod Yadav assaulted the informant with the butt of the rifle causing fracture of his head.

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Learned counsel for the petitioner submits that the

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Patna High Court CR. MISC. No.62102 of 2023(2) dt.13-10-2023 2/3

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petitioner is innocent and has been falsely implicated in this case. No occurrence as alleged has ever taken place. There is land dispute between the parties. There is case and counter case between the parties and the petitioner side lodged Konch P.S. Case No. 607 of 2022 which was prior to the instant case. A number of persons from the petitioner side have received injuries. The informant side is the assailant and they have received only one injury. Moreover, the injury received by the informant’s cousine is said to be simple in nature. The prosecution case is false and concocted. The real fact of the case is that the brother of the petitioner has purchased a piece of land from the agnates of the informant bearing Khata No. 293, Plot No. 140 area of 90 decimals and Khata No. 293, Plot No. 60 area of 60 decimals and while the petitioner side was cutting his paddy crop, the informant side objected the same and assaulted the petitioner and others. Petitioner is having clean antecedent.

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Learned APP opposes the prayer for anticipatory bail made on behalf of the petitioner.

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Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the possibility of false implication in the light of earlier case of the petitioner side and further considering the simple nature of injury of the victim from the informant side, let the petitioner above

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Patna High Court CR. MISC. No.62102 of 2023(2) dt.13-10-2023 3/3

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named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bonds of Rs. 20,000/- (Rupees Twenty thousand Only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Gaya/concerned court in connection with Konch P.S. Case No. 608 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions:

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(i) One of the bailors will be a close relative of the petitioner.

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(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

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(Arun Kumar Jha, J)

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balmukund/-

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U T

Uday Yadav @ Uday Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Uday Yadav @ Uday Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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