Deepak Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10324 of 2023 Arising Out of PS. Case No.-171 Year-2022 Thana- BELDOUR District- Khagaria ====================================================== DEEPAK YADAV S/o Saral Yadav @ Ramsaran Yadav R/o Village- Mali, P.S.- Beldaur, Distt- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Viveka Nandsingh For the Opposite Party/s :

Mr.Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 341, 323, 327, 448, 307, 379, 504, 506/34, 302 of the Indian Penal Code. The prosecution case, in brief, is that the accused persons including the petitioner armed with pistols, lathi & iron rode went to house of the informant and started assaulting the informant due to which he sustained injury. It is further alleged that later on, the informant died during course of the treatment. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. From perusal of FIR, there is no specific overt-act attributed against the petitioner. It is

Patna High Court CR. MISC. No.10324 of 2023(3) dt.15-05-2023 2/2 further submitted that general and omnibus allegation of assaulting leveled against the petitioner as well as other coaccused persons. Moreover, similarly situated co-accused namely, Rana Yadav has already been granted bail by a coordinate Bench of this Court vide order dated 19.4.2023 passed in Cr. Misc. No. 11493 of 2023. It is further submitted that the petitioner is languishing in judicial custody since 26.11.2022. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Beldaur P.S. Case No. 171 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Khagaria. (Sunil Kumar Panwar, J) Amandeep/- U T