Allowed

Kalender Yadav v. the State of Bihar

Patna HC5 Mar 2024CR. MISC./80634/2023

Case brief

AI extract

What is this about?

In an appeal against denial of anticipatory bail, the High Court granted anticipatory bail to the petitioner subject to furnishing a bail bond of Rs. 10,000 with two sureties and complying with specific conditions including cooperation in trial and prohibition on tampering with evidence or witnesses under Section 438(2) Cr.P.C.

What did the court decide?

Anticipatory bail granted subject to bond of Rs. 10,000 with two sureties and four specific conditions under Section 438(2) Cr.P.C.

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

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.80634 of 2023

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Arising Out of PS. Case No.-687 Year-2016 Thana- SASARAM NAGAR District- Rohtas

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

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Kalender Yadav Son Of Late Ramchandra Yadav Resident Of VillageBahrarh, P.S.- Sasaram (M), District- Rohtas At Sasaram

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Dharmendra Kumar Singh, Advocate For the Opposite Party/s : Mr. Pushpa Sinha, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

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3 05-03-2024

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Heard learned counsel for the petitioner and learned A.P.P. for the State.

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2. The petitioner apprehends arrest in connection with Sasaram Town (Muf) P.S. Case No. 687 of 2016 dated 15.06.2016, instituted for the offence punishable under Sections 341, 342, 323, 307, 504, 506/34 of the Indian Penal Code.

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3. The prosecution case, in short, is that on the date of occurrence while the informant was sitting at the door abruptly petitioner along with other accused persons armed with lathi , bhala , rod, bricks and stones attacked on him. Lorik Yadav assaulted on the head of his son by means of lathi causing head injury to him. Other accused persons also assaulted his son due to which his son fell unconscious.

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4. Learned counsel for the petitioner submits that the

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Patna High Court CR. MISC. No.80634 of 2023(3) dt.05-03-2024 2/3

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petitioner is innocent and he has been falsely implicated in this case. It is submitted that there is specific allegation against Lorik Yadav. There is no specific allegation against the petitioner rather it is general and omnibus. There was free fight between both the parties. The injuries sustained by son of the informant are simple in nature and other injuries are not available in the case diary. Lastly, it has been submitted that he has two criminal case against him.

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5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

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6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner in connection with Sasaram Town (Muf) P.S. Case No. 687 of 2016, he shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Rohtas at Sasasram, subject to condition as laid down under Section 438(2) of the Cr.P.C. as also to the following conditions:-

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Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two

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Patna High Court CR. MISC. No.80634 of 2023(3) dt.05-03-2024 3/3

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consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

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One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.

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The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.

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If the petitioner tampers 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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(Khatim Reza, J)

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prabhat/-

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U T

Kalender Yadav v. the State of Bihar

Case brief

What is this about?

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Kalender Yadav v. the State of Bihar

Case brief

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