Gurudev Yadav v. the State of Bihar

Patna HC23 Aug 2024CR. MISC./40425/2024

Case brief

AI extract

What is this about?

Regular bail granted; Patna High Court; Cr. Misc. No. 40425 of 2024; decision date 23-08-2024; Justice Prabhat Kumar Singh; petitioner Gurudev Yadav; State of Bihar; Suppl. Banmankhi P.S. Case No. 12 of 2023; District Purnia/Banmankhi PS; Sections 147, 148, 149, 323, 302 IPC; murder/homicide case; omnibus allegation raised by counsel; post-mortem report contention; three co-accused on anticipatory bail (Cr. Misc. No. 53049 of 2023, order dated 30.01.2024); custody since 03.04.2024; bail-bond Rs. 10,000 with two sureties; ACJM 1st, Purnea.

What did the court decide?

Petitioner released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of Additional Chief Judicial Magistrate 1st, Purnea, in connection with Banmankhi P.S. Case No. 12 of 2023. ¶¶19

Gurudev Yadav Vs the State of Bihar — Patna HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.40425 of 2024

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Arising Out of PS. Case No.-12 Year-2023 Thana- BANMANKHI District- Purnia

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

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GURUDEV YADAV SON OF LATE SHIVAN YADAV Resident of VillagePipra, Ward No.- 03, P.S- Banmankhi, District- Purnea.

... ... Petitioner/s

Versus

THE STATE OF BIHAR

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. N. K. Agrawal, Sr. Advocate Mr. Bijendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Amitesh Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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2 23-08-2024

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Heard learned counsel for the petitioner and learned

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A.P.P. for the State.

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Petitioner seeks regular bail in connection with

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Suppl. Banmankhi P. S. Case No. 12 of 2023 in a case registered for the offences punishable under Sections 147, 148, 149, 323, 302 of the Indian Penal Code.

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Prosecution case, in brief, is that all the 9 F.I.R. named accused persons including this petitioner, armed with iron rod, lathi, khanti, assaulted informant and her family members due to which mother-in-law of informant sustained head injury and died on the spot.

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Learned counsel for the petitioner submits that allegation of assault against the petitioner is general and

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Patna High Court CR. MISC. No.40425 of 2024(2) dt.23-08-2024 2/2

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omnibus and post-mortem report does not support the prosecution case. It is further submitted that three other similarly situated co-accused persons have already been granted anticipatory bail by co-ordinate Bench of this Hon’ble Court vide order dated 30.01.2024 passed in Cr. Misc. No. 53049 of 2023. Petitioner is in custody since 03.04.2024 and claims clean antecedent.

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Learned A.P.P. for the State vehemently opposes the bail application.

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Considering the aforesaid facts and circumstances of the case and period of custody, the bail application is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate 1^st , Purnea in connection with Banmankhi P. S. Case No. 12 of 2023.

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(Prabhat Kumar Singh, J)

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Navya/-

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U T

Gurudev Yadav v. the State of Bihar

Case brief

What is this about?

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Gurudev Yadav v. the State of Bihar

Case brief

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