Subhas Yadav @ Subhash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6387 of 2022 Arising Out of PS. Case No.-79 Year-2021 Thana- PALANWA District- East Champaran ====================================================== Subhas Yadav @ Subhash Yadav Son of Sundha Yadav Resident of VillageSaunaha, P.S.- Palanwa, District- East Champaran at Motihari. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shashank Shekhar For the Opposite Party/s :

Mr.Ram Sumiran Rai ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-05-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Palanwa P.S. Case No. 79 of 2021, registered for the offence punishable under Section 307 and other allied sections of the Indian Penal Code. Later on, section 302 IPC was added.

As per the prosecution case, this petitioner assaulted the son of informant on his head by means of lathi, danda, as a result of which he died during course of treatment. It is submitted on behalf of the petitioner that there is case and counter case. There is general and omnibus allegation of assault. Petitioner is in custody since 04.10.2021 having no criminal antecedent.

Learned APP however, vehemently opposed the

Patna High Court CR. MISC. No.6387 of 2022(3) dt.19-05-2022 2/2 prayer for bail and submitted that there is specific and direct allegation of assault, as a result of which son of informant died. Considering the facts aforesaid and the nature of allegation, I am not inclined to enlarge the petitioner abovenamed on bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) vinita/- U T