Petitioner implicated in a 2016 double homicide case in West Champaran sought bail; counsel argued allegations against him were general and omnibus with no specific overt act. Court allowed bail on furnishing bond of Rs.10,000 with two sureties.
Bail granted on furnishing bail bond of Rs.10,000/- with two sureties of like amount each.
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.11851 of 2024
Arising Out of PS. Case No.-118 Year-2016 Thana- SATHI District- West Champaran
======================================================
SHIV PARSAN YADAV S/o Dhruv Yadav Resident of Village-Basantpur, P.S.-Sathi, District-West Champaran.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Dhananjay Kumar For the Opposite Party/s : Mr.Ashok Kumar Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER
3 27-03-2024
Heard the parties and perused the trial court report dated 18.3.2024.
Patna High Court CR. MISC. No.11851 of 2024(3) dt.27-03-2024 2/3
accused Rajendra Yadav fired from his gun at the uncle of the informant causing firearm injury on his thigh, whereas coaccused Garjan Yadav, Ramdatt Yadav and petitioner (Shiv Parsan Yadav) having lathi in their hands and Ram Parsan Yadav, Guddu Yadav, Jawahar Yadav, Bachchu Yadav, Shambhu Yadav and others having lathi and bhala in their hands brutally assaulted father and uncle of the informant and caused injury to them. Both of them rushed to the hospital but they died in course of treatment.
Patna High Court CR. MISC. No.11851 of 2024(3) dt.27-03-2024 3/3
other State for earning livelihood. He has been implicated in this case because one of the co-accused Bachchu Yadav had earlier lodged Sathi P.S. Case No.33 of 2010 under Sections 341, 323, 324, 379 and 504/34 of the Indian penal Code against uncle of the informant and his other family members. Petitioner claims clean antecedent. Petitioner is in custody since 1.3.2019. Several co-accused, with similar allegation, have already been allowed bail by different co-ordinate bench of this Court vide orders passed in Cr.Mis.No. 4832/2017 and 1364/2017.
(Prabhat Kumar Singh, J)
Shashi U T
1 issue framed by the court
Whether the petitioner, accused of murder with only general and omnibus allegations of lathi assault and no specific overt act alleged against him, should be granted regular bail.
2 provisions across 2 enactments
Shiv Parsan Yadav
The State of Bihar
Prabhat Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
