Chandradeep Yadav @ Chandradeep Prasad Yadav @ Goitha Yadav… — Anticipatory Bail | Patna HC (2024)

Chandradeep Yadav @ Chandradeep Prasad Yadav @ Goitha Yadav… — Anticipatory Bail | Patna HC (2024)

What the court decided

AI extract

Outcome

Bail in the event of arrest or surrender within six weeks: petitioners to be enlarged on bail on bail bond of Rs.10,000/- each with two sureties of the like amount each before the Learned Additional Chief Judicial Magistrate-IX, Gaya, in connection with Magadh University P.S. Case No. 118 of 2018, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

Issue for consideration

Whether the petitioners, who apprehend arrest in Magadh University P.S. Case No. 118 of 2018 for offences punishable under IPC sections 448, 342, 385, 354, 323, 504, 506 and 34, should be enlarged on bail in the event of arrest or surrender.

Court's answer

Considering the facts and circumstances of the case, the Court directed that, in the event of arrest or surrender within six weeks, the petitioners be enlarged on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each, to the satisfaction of the Learned Additional Chief Judicial Magistrate-IX, Gaya, in connection with Magadh University P.S. Case No. 118 of 2018, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

Detailed headnote1 paragraphs

Patna High Court, Criminal Miscellaneous No.79928 of 2023 (oral order dated 10-01-2024, Prabhat Kumar Singh, J): bail in the event of arrest allowed to four petitioners (Chandradeep Yadav @ Chandradeep Prasad Yadav @ Goitha Yadav @ Gaythi Yadav; Ajay Kumar; Mithlesh Prasad; Raushan Kumar) apprehending arrest in Magadh University P.S. Case No.118 of 2018, District Gaya, registered for offences punishable under IPC sections 448, 342, 385, 354, 323, 504, 506 and 34. Prosecution version: on 11.11.2018 the accused entered the informant's house, caught the informant and her Nanad and pushed them on the ground. Chargesheet had been submitted under section 504 IPC (no other evidence found against petitioners) and cognizance taken under sections 447, 323, 504, 354 and 34 IPC. Petitioners pleaded false implication due to previous enmity and general/omnibus allegations. Bail fixed at Rs.10,000/- bond each with two sureties of like amount each before the Learned Additional Chief Judicial Magistrate-IX, Gaya, subject to section 438(2) CrPC conditions.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.79928 of 2023

Arising Out of PS. Case No.-118 Year-2018 Thana- MAGADH UNIVERSITY District- Gaya

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

CHANDRADEEP YADAV @ CHANDRADEEP PRASAD YADAV @ GOITHA YADAV @ GAYTHI YADAV S/O LATE DODI YADAV R/O VILLAGE- CHHOTKI BABHANI, P.S- MAGADH UNIVERSITY, DISTT.- GAYA.

AJAY KUMAR S/O LATE NARESH YADAV R/O VILLAGE- CHHOTKI BABHANI, P.S- MAGADH UNIVERSITY, DISTT.- GAYA.

MITHLESH PRASAD S/O RAMLAKHAN PRASAD R/O VILLAGECHHOTKI BABHANI, P.S- MAGADH UNIVERSITY, DISTT.- GAYA.

RAUSHAN KUMAR S/O RAMLAKHAN PRASAD R/O VILLAGECHHOTKI BABHANI, P.S- MAGADH UNIVERSITY, DISTT.- GAYA.

... ... PETITIONER/S

VERSUS

THE STATE OF BIHAR

... ... OPPOSITE PARTY/S

====================================================== Appearance : For the Petitioner/s : Mr. Gajendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Jagdhar Prasad , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

2 10-01-2024 Heard learned counsel for the petitioners and

the State.

Petitioners apprehend their arrest in a case registered for the offence punishable under sections 448 , 342, 385 , 354 , 323 , 504, 506 and 34 of the Indian Penal Code.

Patna High Court CR. MISC. No.79928 of 2023(2) dt.10-01-2024 2/3

As per the prosecution case, on November 11,

2018, all the accused persons, including these petitioners, entered the house of the informant and caught the informant and her Nanad, and thereafter pushed them on the ground.

It is submitted on behalf of the petitioners that both parties are co-villagers and due to previous enmity these petitioners have falsely been implicated in this case. He further submits that there is general and omnibus allegation against these petitioners. Police after investigation submitted chargesheet against these petitioners under section 504 of IPC because no evidence has been found against them. Lastly , he submits that the Ld. Court below has taken cognizance under sections 447, 323, 504, 354, and 34 of the IPC.

Learned counsel for the State oppose the bail petition.

6 Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners,

Patna High Court CR. MISC. No.79928 of 2023(2) dt.10-01-2024 3/3

as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the Learned Additional Chief Judicial Magistrate-IX , Gaya in connection with Magadh University P.S. Case No. 118 of 2018, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J)

Koushik/-

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