Mana Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7951 of 2022 Arising Out of PS. Case No.-262 Year-2021 Thana- GOVINDPUR District- Nawada ====================================================== Mana Yadav Son Of Late Prayag Yadav Resident Of Village- Karanpur P.S. Govindpur, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 30-06-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Govindpur P.S. Case No. 262 of 2021 registered for the offence under Sections 147, 148, 149, 323, 324, 307, 302 and 504 of the Indian Penal Code.

The accused/petitioner is named in the F.I.R. and is in custody since 30.10.2021.

The allegation against the petitioner is to commit the murder of son of the informant along with other co-accused persons.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.7951 of 2022(4) dt.30-06-2022 2/3 submitted that the allegation, as regard to assault, which caused fatal blow is very much specific, as surfaced during the course of investigation, is against co-accused, namely, Bhattu Yadav. It is further submitted that the dispute is founder over previous enmity. While concluding the argument, it has also been submitted that the petitioner is a man of clean antecedent and, moreover, chargesheet has already been submitted in this case, as such, there is no chance of tampering of the evidence. Learned APP appearing on behalf of the State while opposing the prayer of bail fairly conceded that the allegation, as regard to assault, against the petitioner is very much general and omnibus rather same is specific against co-accused, namely, Bhattu Yadav.

Considering the facts and circumstances as mentioned above, as the allegation, as regard to assault, is very much general and omnibus against the petitioner rather the same is specific against co-accused, namely, Bhattu Yadav coupled with the fact that chargesheet has already been submitted in this case, let the petitioner, above named, is directed to be released on bail in connection with Govindpur P.S. Case No. 262 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.7951 of 2022(4) dt.30-06-2022 3/3 learned Judicial Magistrate, 1st Class, Nawada, subject to the following conditions:

"(i) Accused/Petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner, duly supported by the documents.

(ii) That one of the bailors shall be Surendra Yadav , who is the father-in-law of the petitioner and deponent of the present bail petition."

The physical appearance of the I/O of this case before this Court is dispensed with.

(Chandra Shekhar Jha, J) Ankit/- Shashank/- U T