Patna High Court
Ram Prasad Yadav vs The State Of Bihar on 2 February, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 36946 of 2020
Arising Out of PS. Case No.-37 Year-2020 Thana- LADANIA District- Madhubani
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Ram Prasad Yadav, aged about 62 years, Son of Late Kokai Yadav Resident of
village- Chikhatwa, PS- Ladaniya, District- Madhubani.
... ... Petitioner/s
Versus
The State 0f Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Gagan Deo Yadav, Advocate
For the State : Mr. Anil Prasad Singh, APP
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CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN
AMANULLAH
ORAL JUDGMENT
Date : 02-02-2021
Heard Mr. Gagan Deo Yadav, learned counsel for the
petitioner and Mr. Anil Prasad Singh, learned Additional Public
Prosecutor (hereinafter referred to as the 'APP') for the State
2. The petitioner is in custody in connection with
Ladaniya PS Case No. 37 of 2020 dated 01.03.2020, instituted
under Sections 147, 148, 341, 323, 324, 325, 379, 504, 506/34 of
the Indian Penal Code.
Patna High Court CR. MISC. No.36946 of 2020 dt.02-02-2021
3. The allegation against the petitioner and others is
general and omnibus of throwing brick-bats, though against three
other co-accused it is specific of assault by sword and farsa.
4. Learned counsel for the petitioner submitted that
there is counter case also and the parties have inimical terms.
Learned counsel submitted that besides general and omnibus
allegation that the petitioner was also throwing brick-bats, nothing
specific has been alleged. It was submitted that the petitioner has
clean antecedent and is in custody since 30.06.2020.
5. Learned APP submitted that the petitioner was also
there and took part in brick-batting.
6. Having considered the facts and circumstances of the
case and submissions of learned counsel for the parties, let the
petitioner be released on bail upon furnishing bail bonds of Rs.
25,000/- (twenty five thousand) with two sureties of the like
amount each to the satisfaction of the learned Chief Judicial
Magistrate, 1st Class, Madhubani in Ladaniya PS Case No. 37 of
2020 subject to the conditions (i) that one of the bailors shall be a
close relative of the petitioner, (ii) that the petitioner and the
bailors shall execute bond with regard to good behaviour of the
petitioner and (iii) that the petitioner shall cooperate in the case
and be present before the Court on each and every date. Failure to
Patna High Court CR. MISC. No.36946 of 2020 dt.02-02-2021
cooperate or being absent on two consecutive dates, without
sufficient cause, shall lead to cancellation of his bail bonds.
7. The application stands disposed off in the
aforementioned terms.
(Ahsanuddin Amanullah, J.)
P. Kumar
AFR/NAFR
U
T
