Piyush Kumar @ Piyush Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.633 of 2020 Arising Out of PS. Case No.-404 Year-2018 Thana- DINARA District- Rohtas ====================================================== Piyush Kumar @ Piyush Yadav, Male, aged about 23 years, S/o Ahiman Yadav, R/o village- Usraon, P.S.- Dinara (Bhanas O.P.), District- Rohtas ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ranjeet Choubey, Advocate For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-05-2020 Heard the parties through the virtual court proceeding. The petitioner seeks bail in connection with Dinara (Bhanas O.P.) P.S. Case No. 404 of 2018 registered for the offences punishable under Sections 147, 148, 149, 323, 379, 307, 504/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that initially the case was registered under Section 307 of the Indian Penal code but after the death of one Sunil Kumar after a week of the occurrence, Section 302 I.P.C. was added. From the allegation, it appears that the informant along with Sunil Kumar had gone to market on motorcycle and while on way back home, he and the deceased were surrounded by about 8-9 persons, who all assaulted the informant and others. With the timely arrival of the villagers, the informant can be saved. However, by that time,

Patna High Court CR. MISC. No.633 of 2020(5) dt.29-05-2020 2/2 Sunil Kumar was seriously injured. Villagers only informed that petitioner and many others had conspired and had planned to kill the deceased because of an old dispute which had taken place at some other place.

Learned counsel for the petitioner further submits that the petitioner has no criminal antecedent. He is in jail custody since 25.10.2018. He further submits that another co-accused has been granted bail in the present case by this Co-ordinate Bench of this Court vide order dated 07.02.2019 passed in Cr. Misc. No.7239 of 2019. Learned counsel for the petitioner further submits that there is general and omnibus allegation against the petitioner.

In the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M.-II, Bikramganj, Rohtas at Sasaram in connection with Dinara (Bhanas O.P.) P.S. Case No. 404 of 2018.

(Anjani Kumar Sharan, J) Nasimul/- U T