IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50382 of 2021

Arising Out of PS. Case No.-283 Year-2020 Thana- TRIVENIGANJ District- Supaul

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SHANDEO YADAV @ SHAMDEO YADAV Son of Late Chhutharu Yadav

Resident of Village - Karnpatti, W. No.- 14, P.S.- Tirveniganj, District -

Supaul.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr. Prafull Chandra Thakur, Advocate

For the Opposite Party/s :

Mr. Shailendra Kumar Singh, A.P.P.

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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA

ORAL ORDER

2

08-02-2022

Heard Mr. Prafull Chandra Thakur, learned counsel

for the petitioner and Mr. Shailendra Kumar Singh, learned

Additional Public Prosecutor appearing for the State through

video conferencing.

Petitioner seeks regular bail in connection with

Triveniganj P.S. Case No. 283 of 2020 registered for the

offences punishable under Sections 326, 302, 120B/34 of the

Indian Penal Code 1860, Section 27 of the Arms Act, Sections 3,

4 and 5 of Witch Craft (Dian) Prohibition Act.

The allegation in nutshell is that the informant was

sleeping near the door and his wife was sleeping on verrandah

and on the hearing of sound of gun shot in the night, he rushed

there and found that his wife had sustained gun shot injury in

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her head, due to which, she died on way to the hospital. The

informant has given the names of accused persons who are the

neighbours as suspects and has stated that they used to call the

wife of the informant as witch (Dian).

Learned counsel for the petitioner submits that

nobody has seen the occurrence and there is no eye witness to

the same, and on account of suspicion only, the petitioner along

with the neighbours and others have been made accused. He

further submits that there is no specific allegation against the

petitioner and he has got no criminal antecedent. He next

submits that similarly situated co-accused person has been

granted bail by a co-ordinate Bench of this Court in Cr. Misc.

22063/2021, the petitioner is in custody since 22.4.2021 and

charge sheet has already been submitted.

Regards being had to the submission made by the

parties and taking into consideration the materials on record, the

fact that similarly situated co-accused person has been granted

bail by a co-ordinate Bench of this Court, the petitioner is in

custody since 22.4.2021 and charge sheet has already been

submitted, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, above named, be

released on regular bail on furnishing bail bonds of Rs.10,000/-

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(Ten thousand) with two sureties of the like amount each to the

satisfaction of learned ACJM 1^st, Supaul, in connection with

Triveniganj P.S. Case No. 283/2020 subject to the following

conditions:-

(i) that petitioner shall cooperate

in the trial and shall be properly

represented on ech and every date fixed by

the court below and shall remain

physically present, as directed by the

court below, and on his absence on two

consecutive dates without sufficient

reason, his bain-bond shall be cancelled

by the court below.

(ii) that if the petitioner tampers

with the evidence of the witnesses, in that

case, the prosecution will be at liberty to

move for cancellation of bail.

It is made clear that at the time of furnishing bail

bonds all the parties shall follow the guidelines regarding social

distancing.

S.Ali/-

(Anil Kumar Sinha, J)

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