High CourtsSingle Bench

Ram Prasad Yadav vs State Of Bihar

Patna High Court · Decided on 2 February 2021 · Citation: (2021) 02 PAT CK 0009

HON’BLE JUDGES
Ahsanuddin Amanullah, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 147, 148, 323, 324, 325, 341, 379, 504, 506
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous No. 36946 Of 2020
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Judgment

17 paragraphs · 314 words
1.

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.

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 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.