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Patna High CourtCR. MISC./19430/2021bail granted

Shankar Yadav v. The State Of Bihar

2022-01-11Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19430 of 2021 Arising Out of PS. Case No.-154 Year-2020 Thana- GRIYAK District- Nalanda ====================================================== 1.

SHANKAR YADAV S/O PARMESHWAR YADAV RESIDENT OF VILLAGE HASANPUR P.S GIRIYAK, DISTRICT NALANDA AT BIHARSHARIF 2.

CHHOTELAL YADAV @ CHHOTAI LAL S/O RAMESHWAR YADAV RESIDENT OF VILLAGE HASANPUR P.S GIRIYAK, DISTRICT NALANDA AT BIHARSHARIF 3.

PARMESHWAR YADAV S/O LATE RAMDHANI YADAV RESIDENT OF VILLAGE HASANPUR P.S GIRIYAK, DISTRICT NALANDA AT BIHARSHARIF 4.

MUKESH KUMAR S/O PARMESHWAR YADAV RESIDENT OF VILLAGE HASANPUR P.S GIRIYAK, DISTRICT NALANDA AT BIHARSHARIF ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad, Advocate.

For the Opposite Party/s :

Mr.APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 11-01-2022 Heard Mr. Sheo Kumar Prasad, learned Advocate for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners seek bail in anticipation of their arrest in connection with Giriyak P. S. Case No. 154 of 2020 instituted for the offences under Sections 147, 148, 149, 341, 323, 504, 506, 354A, 354B, 307, 379 of the Indian Penal Code and Section 27 of the Arms Act.

With respect to a dispute for the pathway, an occurrence is said to have taken place in which members of both the parties have clashed against each other. The accusation

Patna High Court CR. MISC. No.19430 of 2021(2) dt.11-01-2022 2/2 against the petitioners is general and omnibus. The injuries suffered by some of the persons from the side of the prosecution have been assessed to be simple in nature. Some of the petitioners and others from the side of the accused persons have also received injuries for which counter case has been lodged by one of the accused persons of this case vide Giriak P.S. Case No. 153 of 2020.

Regard being had to the facts afore-stated, mainly the general and omnibus nature of accusation and persons from both sides having been injured in the occurrence, the petitioners are directed to be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from the date of receipt/production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned ACJM-II, Nalanda at Biharsharif in connection with Giriyak P.S. Case No. 154 of 2020, subject to the condition as laid down under Section 438 (2) Cr. P.C. The application stands allowed.

(Ashutosh Kumar, J) mantreshwar/- U T