Om Prakash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5152 of 2024 Arising Out of PS. Case No.-303 Year-2023 Thana- NAWANAGAR District- Buxar ====================================================== OM PRAKASH YADAV S/O- SARJU YADAV R/O- VILLAGE- AATHAR, P.S.- NAWANAGAR IN THE DISTRICT OF BUXAR.

... ... Petitioner

Versus

THE STATE OF BIHAR ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar, Advocate For the Opposite Party/s :

Mr.Umeshanand Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-08-2024 Heard learned counsel for the petitioner and the State.

2. The petitioner seeks regular bail in a case registered for the offence under Sections 147, 148, 149, 341, 323, 326, 307, 447, 448, 504, 302 of the Indian Penal Code and Section 27 of Arms Act.

3. As per the prosecution case, 12 to 14 persons armed with weapons entered the house of the informant and assaulted his family members. Co-accused Sunil Yadav fired upon informant's brother on his chest, whereas petitioner and other accused persons assaulted him with lathi and iron rod causing him injuries.

4. Learned counsel appearing for the petitioner submits that the specific allegation of causing fire arms injury to the deceased is against other co-accused. There is general and omnibus allegation of assault against this petitioner and no

Patna High Court CR. MISC. No.5152 of 2024(4) dt.30-08-2024 2/2 specific overt act has been alleged against him. Petitioner claims clean antecedent. Charge sheet has already been filed. Petitioner is in custody since 1.8.2023.

5. Considering the aforesaid facts of the case, prayer for regular bail of the petitioner is allowed. Let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate 1st class, Buxar in Nawanagar (Basudeva OP) Police Station 303 of 2023. (Prabhat Kumar Singh, J) Shashi U T