Badhu Yadav @ Sanjai Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22096 of 2021 Arising Out of PS. Case No.-159 Year-2020 Thana- SAHPUR District- Bhojpur ====================================================== BADHU YADAV @ SANJAI YADAV S/O HARINATH YADAV R/O VILLAGE-DAMODARPUR, P.S.-SHAHPUR, DISTRICT-BHOJPUR. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Dr. Ajeet Kumar, APP For the Informant :

Mr. Ajay Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 15-11-2021 Heard learned counsel for the petitioner, learned Additional Public Prosecutor for the State and learned counsel for the informant.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 307, 427, 504, 506, 147, 148 and 149 of the Indian Penal Code.

As per the prosecution case, the eighteen named accused persons are sated to have come variously armed. It is further stated that Tofani Yadav, Badhu Yadav the petitioner herein and Dharmendra Yadav assaulted Nanhak Yadav seriously injuring him as a result of which he died in course of treatment. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. The aforesaid Nanhak Yadav died in course of treatment and section 302 of the Indian Penal Code was added. It is submitted that even from the FIR

Patna High Court CR. MISC. No.22096 of 2021(3) dt.15-11-2021 2/2 it would transpire that the allegations are general and omnibus in nature. The petitioner is in custody since 6.10.2020 and has no criminal antecedent.

The application for bail is opposed by learned APP for the State and learned counsel for the informant. It is submitted by learned counsel for the informant that not only the petitioner is named in the FIR but there is direct allegation against him of having assaulted Nanhak Yadav leading to his death.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the petitioner having remained in custody for over one year, the petitioner is directed to be enlarged on bail in connection with Shahpur P.S. Case no. 159 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara. (Partha Sarthy, J) Spd/- U T