Allowed

Shiv Kumar Yadav v. The State of Bihar

Patna HC13 Dec 2024CR. MISC./81863/2024

Case brief

AI extract

What is this about?

Regular bail application under IPC Sections 147-307 for allegedly severing the informant's finger with a sword. Court noted custody since August 2024 and prior bail in related cases, and granted bail with conditions to cooperate in trial.

What did the court decide?

Petitioner released on bail on furnishing bond of Rs. 10,000 with two sureties of like amount, subject to co-operation in trial.

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

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.81863 of 2024

¶2

Arising Out of PS. Case No.-95 Year-2024 Thana- MOHANPUR District- Gaya

¶3

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

¶4

Shiv Kumar Yadav S/o Kirtu Yadav R/o Village- Khardih, PS - Mohanpur, PS- Lahthua, Distt.- Gaya

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

¶9

====================================================== Appearance : For the Petitioner/s : Mr. Awnish Kumar, Adv. For the Opposite Party/s : Mr. Shahabuddin Azeem @ S. Azeem, APP ======================================================

¶10

CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

¶11

ORAL ORDER

¶12

2 13-12-2024

¶13

Heard learned counsel for the petitioner, informant

¶14

and learned APP for the State.

¶15

This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 147, 148, 149, 504, 323, 324, 325, 326 and 307 of the Indian Penal Code, registered in connection with Mohanpur P.S. Case No. 95 of 2024.

¶16

As per prosecution case, the specific allegation against the petitioner is that he inflicted sword blow to the informant due to which his finger was separated from his hand.

¶17

The learned counsel for the petitioner has submitted

¶18

that he has been falsely implicated in this case and has committed no offence. He submitted that amongst two cases which is mentioned in the paragraph no. 3 of the bail

¶19

Patna High Court CR. MISC. No.81863 of 2024(2) dt.13-12-2024 2/2

¶20

application, have been lodged by the informant side and in all the three cases, the petitioner is on bail. He further submitted that due to inimical term with the petitioner and his family members, he has been made accused in this case by the informant. The petitioner is in custody since 22.08.2024.

¶21

Learned counsel for the informant has opposed the prayer of bail by submitting that the informant is an old aged person and there is specific allegation of assault against the petitioner due to which his finger was separated from his hand.

¶22

Considering the above facts and circumstances of the case as well as period of custody undergone by the petitioner, let the petitioner, above-named, 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 learned A.C.J.M.-II, Sherghati, Gaya in connection with Mohanpur P.S. Case No. 95 of 2024, subject to the condition that the petitioner shall co-operate in the disposal of trial and make himself available as and when required by the Court.

¶23

(Nawneet Kumar Pandey, J)

¶24

Arish/-

¶25

U T

Shiv Kumar Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Shiv Kumar Yadav v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Dilip Yadav Vs The State of Bihar

Dhanesh Chaudhary @ Dhanesh Kumar Vs The State of Bihar

Asha Devi Vs The State of Bihar

Md. Sazzad Alam Vs The State of Bihar

MD Kayum @ Kaiyum Vs The State of Bihar

Md. Nawab @ Nawab Sarif Vs The State of Bihar