Chhatish Yadav Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

Chhatish Yadav Vs The State of Bihar — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Regular bail granted to both petitioners (Chhatish Yadav and Munna Yadav): on arrest or surrender within four weeks, release on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Khagaria, subject to conditions under Section 438(2) CrPC.

Issue for consideration

Whether the petitioners, implicated in Parbatta Police Station Case No. 86 of 2024 dated 29.02.2024 for offences under Sections 341, 323, 307, 188, 504, 506 and 34 IPC, are entitled to regular bail. +1 more

Court's answer

Taking into consideration that no specific allegation was levelled against the petitioners and that they were in custody since 01.05.2024 and 14.05.2024 respectively, the court was inclined to grant regular bail to the petitioners.

Ratio / Principle

The petitioners, in the event of arrest or surrender before the Court below within four weeks, were ordered to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Sub Divisional Judicial Magistrate, Khagaria, subject to the condition laid down under Section 438(2) CrPC.

Detailed headnote1 paragraphs

Patna High Court (Anil Kumar Sinha, J), Oral Order dated 22-11-2024 in CRIMINAL MISCELLANEOUS No.65768 of 2024, granted regular bail to petitioners Chhatish Yadav and Munna Yadav in connection with Partatta (Maraiya) Police Station Case No. 86 of 2024 (District Khagaria), dated 29.02.2024, disclosing offences under Sections 341, 323, 307, 188, 504, 506 and 34 of the Indian Penal Code. Per the FIR, on 28.02.2024 the petitioners along with other accused persons arrived and the co-accused Ramdhari Yadav fired upon the informant, but the bullet did not hit him. Counsel for the petitioners argued the occurrence arose from a land dispute between the parties, who are agnates/co-sharers, that the firing allegation was on the co-accused and nobody sustained injury. Considering that no specific allegation had been made against the petitioners and their custody since 01.05.2024 and 14.05.2024 respectively, the court directed that, on arrest or surrender within four weeks, they be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Sub Divisional Judicial Magistrate, Khagaria, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.65768 of 2024

Arising Out of PS. Case No.-86 Year-2024 Thana- PARBATTA District- Khagaria

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

Chhatish Yadav Son of Late Prasadi Yadav Village- Araria, P.S.- Parbatta, (Maraiya), Dist- Khagaria

Munna Yadav Son of Ram Dhari Yadav @ Muso Yadav Village- Araria, PsParbatta, (Maraiya), Dist- Khagaria

... ... Petitioner/s

Versus

The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shekhar Kumar Singh, Adv. For the Opposite Party/s : Mr. Rajendra Prasad Nat, A.P.P. ======================================================

CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

3 22-11-2024

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application, for grant of regular bail, arises out of Parbatta Police Station Case No. 86 of 2024 dated 29.02.2024, disclosing offences under Sections 341, 323, 307, 188, 504, 506 and 34 of the Indian Penal Code.

The prosecution case, as per the First Information Report is that, on 28.02.2024, in the afternoon, petitioners along with other accused persons arrived and the co-accused Ramdhari Yadav fired upon the informant but unfortunately, the bullet did not hit the informant.

Learned counsel for the petitioners submits that the occurrence has taken place due to land dispute between the parties, which is evident from the First Information Report itself.

Patna High Court CR. MISC. No.65768 of 2024(3) dt.22-11-2024 2/2

Both the parties are agnates/co-sharers. The allegation of firings is upon co-accused but nobody has sustained injury due to said firing. The petitioners, namely, Chhatish Yadav and Munna Yadav are in custody since 01.05.2024 and 14.05.2024 respectively.

Regards being had to the submissions made by the parties and taking into consideration the fact that no specific allegation has been alleged against the petitioners and they are in custody since 01.05.2024 and 14.05.2024 respectively, I am inclined to grant regular bail to the petitioners.

Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount, each to the satisfaction of learned Sub Divisional Judicial Magistrate, Khagaria, in connection with Partatta (Maraiya) Police Station Case No.86 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J)

Siwani/-

U T