Jaimal Yadav @ Jaimol Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3211 of 2020 Arising Out of PS. Case No.-13 Year-2019 Thana- KAMTAUL District- Darbhanga ====================================================== JAIMAL YADAV @ JAIMOL YADAV Son of Late Gudri Yadav Resident of Village- Dudhia, P.S.- Kamtaul, District- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Syed Ashfaque Ahmad For the Opposite Party/s :

Mr.Ajay Kumar For the Informant : Mr. Sanjeev Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-02-2020 The petitioner seeks regular bail in connection with S.T. No. 430/2019 (arising out of Kamtaul P.S. Case No. 13/2019), registered for offences punishable under Sections 147, 149, 341, 323, 307, 504 and 506 of the Indian Penal Code and later on added Section 302 of the Indian Penal Code.

Allegation against the petitioner and several other is of tying the cousin of the informant in a tree and brutally assaulting him and he died in course of his treatment.

It has been submitted on behalf of the petitioner that as a matter of fact that the cousin of the informant was apprehended by the villagers and he was assaulted by some persons and no specific allegation has been attributed to the petitioner and he has been in judicial custody since 29.04.2019. Considering the same, two other accused persons have been enlarged on bail vide order dated

Patna High Court CR. MISC. No.3211 of 2020(3) dt.25-02-2020 2/2 04.12.2019 passed in Cr. Misc. No. 44536 of 2019. Heard learned A.P.P. as well as learned counsel for the informant. They have opposed the prayer for bail on the ground that the deceased was brutally assaulted by the petitioner and others and on the intervention of police he was released and taken to hospital but in course of treatment he died.

Having heard both sides, considering the facts and circumstances of the case and also the fact that only general and omnibus allegation has been levelled against the petitioner, as such, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge -Vith, Darbhanga, in connection with S.T. No. 430/2019 (arising out of Kamtaul P.S. Case No. 13/2019), subject to the condition that petitioner will cooperate in disposal of trial and make himself available as and when required by the court below, failing which, the prosecution shall move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunilkumar/- U T