Pramod Yadav vs The State Of Bihar
2021 Latest Caselaw 848 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No.31642 of 2020
        Arising Out of PS. Case No.-112 Year-2020 Thana- DULHIN BAZAR District- Patna
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1. Pramod Yadav, aged about 53 years (male), Son of Ganesh Yadav

2. Santosh Yadav, aged about 28 years (male), Son of Suryanand Yadav

3. Bindu Yadav, aged about 29 years (male), Son of Judagi Yadav All resident of Village- Sarkuna, P.S.- Dulhin Bazar, District- Patna.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

     For the Petitioner/s    :       Mr. Ashok Kumar Sinha, Advocate
     For the State           :       Ms. Shaheen Begum, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 11-02-2021

The matter has been heard via video conferencing.

2. Heard Mr. Ashok Kumar Sinha, learned counsel for

the petitioners and Ms. Shaheen Begum, learned Additional

Public Prosecutor (hereinafter referred to as the 'APP') for the

State.

3. The petitioners apprehend arrest in connection with

Dulhin Bazar PS Case No. 112 of 2020 dated 23.05.2020,

instituted under Sections 302/120B/34 of the Indian Penal Code

and 27 of the Arms Act, 1959.

4. The allegation against the petitioners and 12 others

is of being party to the murder of the informant's elder brother.

However, against four accused, it is specific that they had Patna High Court CR. MISC. No.31642 of 2020 dt.11-02-2021

surrounded the deceased and had fired whereas against the

petitioners and the remaining co-accused is that they were also

party to the criminal conspiracy and were waiting in ambush

and thus, helped in commission of the murder. It is further

alleged that one co villager Bhullu Kumar was also hit by the

butt of the gun and injured and the mobile set of one accused

was found from the place of occurrence.

5. Learned counsel for the petitioners submitted that

they have absolutely no role in the occurrence and have been

falsely implicated due to village politics. It was submitted that

the specific allegation of firing is against four other co-accused

and even the mobile which was recovered does not belong to

them. Learned counsel submitted that the deceased himself was

a witness in the murder case lodged by co-accused Raj Kishore

@ Tayagi Yadav in the murder of his father in which the

informant and his family members have been made accused and

trial is going on. Learned counsel submitted that the petitioners

have no criminal antecedent.

6. Learned APP submitted that the petitioners were

also at the site with arms and thus it is obvious that they were

also party to the murder. However, it was not controverted that

the specific allegation of firing is against four named co-accused Patna High Court CR. MISC. No.31642 of 2020 dt.11-02-2021

and not the petitioners.

7. Having considered the facts and circumstances of

the case and submissions of learned counsel for the parties, in

the event of arrest or surrender before the Court below within

six weeks from today, the petitioners be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand)

each with two sureties of the like amount each to the satisfaction

of the concerned Judicial Magistrate, 1st Class, Danapur, Patna

in Dulhin Bazar PS Case No. 112 of 2020, subject to the

conditions laid down in Section 438(2) of the Code of Criminal

Procedure, 1973 and further (i) that one of the bailors shall be a

close relative of the petitioners, (ii) that the petitioners and the

bailors shall execute bond with regard to good behaviour of the

petitioners, and (iii) that the petitioners shall also give an

undertaking to the Court that they shall not indulge in any

illegal/criminal activity, act in violation of any law/statutory

provisions, tamper with the evidence or influence the witnesses.

Any violation of the terms and conditions of the bonds or the

undertaking shall lead to cancellation of their bail bonds. The

petitioners shall cooperate in the case and be present before the

Court on each and every date. Failure to cooperate or being

absent on two consecutive dates, without sufficient cause, shall Patna High Court CR. MISC. No.31642 of 2020 dt.11-02-2021

also lead to cancellation of their bail bonds.

8. The application stands disposed off in the

aforementioned terms.

(Ahsanuddin Amanullah, J)

Anjani/-

AFR/NAFR U T