Allowed

Ganesh Yadav v. The State of Bihar

Patna HC11 Jan 2024CR. MISC./66005/2023

Case brief

AI extract

What is this about?

The Court granted bail to petitioners in a case involving offences under Sections 147, 148, 149, 302, 307 IPC and others. The decision considered the long period of custody, clean criminal antecedents, submission of the charge sheet, and the lack of likelihood of evidence tampering.

What did the court decide?

Bail granted on furnishing bail bond of Rs. 10,000/- with two sureties of like amount.

Ganesh Yadav Vs The State of Bihar — Bail and Remand | Patna HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.66005 of 2023

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Arising Out of PS. Case No.-4 Year-2023 Thana- BUXAR INDUSTRIAL District- Buxar

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

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GANESH YADAV Son of Ramashish Yadav Resident of Village-Gagaura, Police Station-Buxar (Industrial), District-Buxar.

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VIJAY YADAV Son of Prabhunath Yadav @ Padaku Yadav Resident of Village-Gagaura, Police Station-Buxar (Industrial), District-Buxar.

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... ... Petitioner/s

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Sanjay Kumar For the Opposite Party/s : Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

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5 11-01-2024

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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 seek bail in connection with Buxar(I) P.S. Case No. 04 of 2023 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 302, 379, 504 and 506 of the IPC.

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As per prosecution case, there is allegation against the petitioners and other that they have assaulted the informant’s side by means of lathi, farsa, iron rod,bricks, rama and bamboo. It is further alleged that co-accused Sunil Yadav and Bheem Yadav assaulted informant by means of rama and bamboo as a result of which he sustained injury. It is further

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Patna High Court CR. MISC. No.66005 of 2023(5) dt.11-01-2024 2/4

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alleged that co-accused Ramashish Yadav and Tej Narayan Yadav assaulted upon the head of Bhadeshwar Yadav by means of farsa and rama as a result of which he sustained injury and fell down and then petitioner no. 1 Ganesh Yadav and coaccused Prabhawti Devi also assaulted upon his face by means of bricks. It is further alleged that petitioner no. 2 Vijay Yadav assaulted Akhilesh Yadav by means of lathi as a result of which he sustained injury. It is further alleged that all injured were sent to the hospital and injured Bhadeshwar Yadav died during the course of treatment.

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Learned counsel for the petitioner submits that petitioners are in custody since 17.07.2023 and bears no criminal antecedent. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. He further submits that there is specific allegation against the co-accused Ramashish Yadav and Tej Narayan Yadav to assault upon the head of Bhadeshwar Yadav by means of farsa and rama as a result of which victim sustained injury and there is no specific allegation against petitioner no. 1 Ganesh Yadav rather the same is general and omnibus in nature. He further submits that there is specific allegation petitioner no. 2, Vijay Yadav, to assault Akhilesh

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Patna High Court CR. MISC. No.66005 of 2023(5) dt.11-01-2024 3/4

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Yadav by means of lathi but the injuries of Akhilesh Yadav are simple in nature. He further submits that co-accused Tej Narayan Yadav and Shivji Yadav, Ramji Yadav , Anji Yadav have already been granted bail vide Cr. Misc. No. 27822 of 2023 and Cr. Misc. 29274 of 2023 respectively by the coordinate Bench and this Court and the case of present petitioners stands more or less on similar footing. He further submits that petitioners are quite innocent and have falsely been implicated in the case.

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The learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioners.

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Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of the petitioners, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in connection with Buxar (I) P.S. Case No. 04 of 2023, subject to following conditions:-

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Patna High Court CR. MISC. No.66005 of 2023(5) dt.11-01-2024 4/4

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(i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

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(ii) Petitioners will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself.

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(iii) If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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(Alok Kumar Pandey, J)

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vashudha/-

Ganesh Yadav v. The State of Bihar

Case brief

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Ganesh Yadav v. The State of Bihar

Case brief

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