Sakaldev Yadav Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2024)

Sakaldev Yadav Vs The State of Bihar — Murder and Culpable Homicide | Patna HC (2024)

What the court decided

AI extract

Outcome

Regular bail granted: petitioner to be enlarged on bail on furnishing a bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Judicial Magistrate-1st Class, Bagaha, West Champaran.

Issue for consideration

Whether petitioner Sakaldev Yadav should be granted regular bail in connection with Dhanaha P.S. Case no.121 of 2023, given that the allegation against him in the F.I.R. is general and omnibus while the specific allegation of giving the knife blow causing death rests on co-accused Amal Yadav, the petitioner's period in custody, submission of the charge-sheet, and the bail already granted to co-accused Kamal Yadav.

Court's answer

The court weighed that the specific allegation of giving the knife blow on the father of the informant leading to his death is on Amal Yadav and not on the petitioner; the petitioner's own allegation is treated as not carrying the fatal-blow imputation.

Ratio / Principle

The court additionally took into account the petitioner having remained in custody since 9.1.2024 and the charge-sheet having been submitted in the case.

Key takeaways

On those considerations, the court directed that the petitioner be enlarged on bail in connection with Dhanaha P.S. Case no.121 of 2023.ratio¶19

Detailed headnote1 paragraphs

CRIMINAL MISCELLANEOUS / BAIL - Regular bail granted. Petitioner Sakaldev Yadav sought bail in Dhanaha P.S. Case no.121 of 2023 (West Champaran) registered under sections 302, 307, 324, 379, 506, 147, 148, 149, 341 and 120B IPC. Prosecution alleged twelve named accused came variously armed and that, at Hira Yadav's instance, Amal Yadav dealt a knife blow to the informant's father, who died during treatment; Amal Yadav was caught, others escaped. Court found the allegation against the petitioner general and omnibus, the fatal knife-blow being specifically on Amal Yadav; noting custody since 9.1.2024, submission of charge-sheet, and bail already granted to co-accused Kamal Yadav (order dated 17.2.2024 in Cr. Misc. no.7040 of 2024), petitioner ordered enlarged on bail on bond of Rs. 10,000/- with two like sureties, to satisfaction of Judicial Magistrate-1st Class, Bagaha. (Judged by Partha Sarthy, J; decided 20-03-2024.)

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.23137 of 2024

Arising Out of PS. Case No.-121 Year-2023 Thana- DHANAHA District- West Champaran

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

Sakaldev Yadav Son of Late Ramdhari Yadav Resident of Village- Mushahari Baira Bazar, Police Station- Dhanaha, District- West Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Vijay Kr Singh No. 1, Advocate For the Opposite Party/s : Mr. Raj Kishor Singh, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER

2 20-03-2024

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

The petitioner has preferred this application for grant of regular bail in connection with Dhanaha P.S. Case no.121 of 2023 registered under sections 302, 307, 324, 379, 506, 147, 148, 149, 341 and 120B of the Indian Penal Code.

As per the prosecution case, twelve named accused persons are said to have come variously armed. It is further stated that on the orders of Hira Yadav, Amal Yadav gave knife blow in the stomach of his father as a result of which he died during course of treatment. Amal Yadav was caught at the place of occurrence. It is stated that the other accused managed to escape.

Learned counsel for the petitioner submits that even

Patna High Court CR. MISC. No.23137 of 2024(2) dt.20-03-2024 2/2

as per the F.I.R the allegation against the petitioner is general and omnibus in nature. The specific allegation of giving knife blow is on Amal Yadav and not the petitioner herein. The petitioner is in custody since 9.1.2024 and charge-sheet has been submitted in the case.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R, the specific allegation of giving knife blow on the father of the informant leading to his death being on Amal Yadav and not the petitioner herein together with the petitioner having remained in custody since 9.1.2024, charge-sheet having been submitted in the case and grant of bail to co-accused Kamal Yadav vide order dated 17.2.2024 passed in Cr. Misc. no.7040 of 2024, the petitioner is directed to be enlarged on bail in connection with Dhanaha P.S. Case no.121 of 2023, on furnishing bail bond of Rs. 10,000/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate- 1st Class, Bagaha, West Champaran.

(Partha Sarthy, J)