Lav Yadav @ Badak Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8805 of 2023 Arising Out of PS. Case No.-177 Year-2021 Thana- BRAHMPUR District- Buxar ====================================================== Lav Yadav @ Badak Yadav Son Of Ramjee Yadav Resident Of VillageNimej, P.S.- Brahampur, District- Buxar ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Kaushal Kumar For the Opposite Party/s :

Mr.Syed Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Brahampur P.S. Case No. 177 of 2021 registered for the offence punishable under section 302/34 of the Indian Penal Code.

As per allegation in the FIR, while the son of the informant has gone for natural call, petitioner along with other accused persons surrounded him and on the order of co-accused Hareram Yadav, Ravi Yadav assaulted with sword and Jai Singh blow Farsha on the deceased due to which son of the informant sustained head injuries. It is further alleged that the petitioner Lav Yadav @ Barak

Patna High Court CR. MISC. No.8805 of 2023(2) dt.03-05-2023 2/3 Yadav came and also assaulted him. During the course of treatment, son of the informant succumbed to injuries. It is submitted by learned counsel for the petitioner that the petitioner is innocent and has been falsely implicated in this case. There is no specific allegation rather the allegation levelled against him is general and omnibus. Specific allegation of assaulting the deceased by means of farsha and Sword is levelled upon co-accused persons. Moreover, the petitioner has got no criminal antecedent. The petitioner is languishing in Judicial custody since 18.11.2022. similarly situated several co-accused persons have been granted bail by different co-ordinate Benches of this Court.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period under custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount

Patna High Court CR. MISC. No.8805 of 2023(2) dt.03-05-2023 3/3 each to the satisfaction of the learned Additional District and Sessions Judge III, Buxar in connection with Brahampur P.S. Case No. 177 of 2021.

(Sunil Kumar Panwar, J) Nirajkrs/Lata U T