Disposed

Bhupendra Yadav @ Bhupen Yadav @ Bhupendra Prasad Yadav v. The State of Bihar

Patna HC14 Aug 2024CR. MISC./14269/2024

Case brief

AI extract

What is this about?

Petitioners sought pre-arrest bail in a Madhepura case involving allegations under IPC Sections 341, 323, 354A, 307, 302 and 504/34 after the informant's mother died during treatment. Finding the petitioners were not the assailants and no external injury was on the deceased, the court granted anticipatory bail with Section 438(2) conditions.

What did the court decide?

Anticipatory bail granted on furnishing bail-bonds of Rs. 10,000/- each with two sureties of like amount, upon arrest/surrender within six weeks, subject to Section 438(2) CrPC conditions.

Bhupendra Yadav @ Bhupen Yadav @ Bhupendra Prasad… — Murder and Culpable Homicide | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14269 of 2024

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Arising Out of PS. Case No.-925 Year-2023 Thana- MADHEPURA District- Madhepura

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

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Bhupendra Yadav @ Bhupen Yadav @ Bhupendra Prasad Yadav S/o Late Musahru Yadav R/o vill - Narsinghbag, ward no. 02, P.S. - Madhepura (Bharrahi O.P.), distt. - Madhepura

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Anila Devi W/o Bhupendra Yadav @ Bhupen Yadav @ Bhupendra Prasad Yadav R/o vill - Narsinghbag, ward no. 02, P.S. - Madhepura (Bharrahi O.P.), distt. - Madhepura

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dinesh Prasad Verma, Adv. For the Opposite Party/s : Mr. Murli Dhar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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5 14-08-2024

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Heard learned counsel for the petitioners and learned

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A.P.P. for the State.

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The petitioners apprehend their arrest in a case registered for the offence under Sections 341, 323, 354A, 307, 302, 504/34 of the Indian Penal Code.

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Learned counsel for the petitioners submits that as per F.I.R. itself, specific accusation of assault is against coaccused Suman Kumar. So far as these petitioners are concerned, there is general and omnibus allegation. Petitioners have not assaulted the deceased. Petitioners claim clean antecedent.

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Learned A.P.P. for the State has opposed the bail

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Patna High Court CR. MISC. No.14269 of 2024(5) dt.14-08-2024 2/2

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petition and submitted that there is specific accusation against petitioners and co-accused Suman Kumar that they assaulted mother of informant, due to which, during course of treatment, she died.

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Considering the fact that petitioners are not the assailant of deceased and there is no external injury on the person of deceased, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhepura in connection with Madhepura (Bharrahi) P.S. Case No. 925 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Prabhat Kumar Singh, J)

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anay

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U T

Bhupendra Yadav @ Bhupen Yadav @ Bhupendra Prasad Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Bhupendra Yadav @ Bhupen Yadav @ Bhupendra Prasad Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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