Madan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9648 of 2022 Arising Out of PS. Case No.-153 Year-2021 Thana- SONBERSA District- Saharsa ====================================================== Rishidev @ Wakil Kumar Son of Madhusudan Rishidev @ Madhusoodan Rishideo Resident of Village- Amrita Ward No. 3, P.S.- Sonbarsa Raj, District- Saharsa ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 11010 of 2022 Arising Out of PS. Case No.-153 Year-2021 Thana- SONBERSA District- Saharsa ====================================================== 1.

BIMLESH YADAV @ VIMLESH YADAV Son of Late Mahendra Yadav Resident of Village- Amrita, Ward No.04, P.S.- Sonbarsa Raj DistrictSaharsa. 2.

NARESH YADAV Son of Late Mahendra Yadav Resident of VillageAmrita, Ward No.4, P.S.- Sonbarsa Raj, District- Saharsa. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 11040 of 2022 Arising Out of PS. Case No.-153 Year-2021 Thana- SONBERSA District- Saharsa ====================================================== MADAN YADAV S/o Late Niro Yadav R/o Amrita, P.S.- SoN Barsha Raj, District- Saharsa ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 9648 of 2022) For the Petitioner/s :

Mr. Amarnath Jha, Advocate For the Opposite Party/s :

Mr. Dashrath Mehta,APP (In CRIMINAL MISCELLANEOUS No. 11010 of 2022) For the Petitioner/s :

Mr. Diwakar Prasad Singh,Advocate For the Opposite Party/s :

Mr. Yogendra Kumar, APP

Patna High Court CR. MISC. No.9648 of 2022(3) dt.19-12-2022 2/3 (In CRIMINAL MISCELLANEOUS No. 11040 of 2022) For the Petitioner/s :

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

Mr. Bal Mukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 19-12-2022 Heard learned counsel for the parties.

The petitioners have preferred this application for grant of regular bail in a case registered under sections 302, 147, 148, 149, 341, 323 and 307 of the Indian Penal Code. As per the prosecution case, as a result of assault by the thirteen named accused persons including the four petitioners herein it is stated that the informant and Rupesh Kumar were seriously injured and which resulted in the death of Rupesh Kumar .

It is submitted by learned counsels for the petitioners in the three cases that the petitioners have been falsely implicated in the case due to oblique reasons. The allegations are general and omnibus in nature. The petitioners are in custody since different dates in September, 2021 ie more than one year and investigation in the case is complete. Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the general and omnibus allegations against the petitioners together with the petitioners having remained in custody for more than 1 year since September, 2021 and chargesheet having

Patna High Court CR. MISC. No.9648 of 2022(3) dt.19-12-2022 3/3 been submitted in the case, the Court directs all the four petitioners to be enlarged on bail in connection with Sonbarsa Raj P.S. Case no. 153 of 2021 on each of them furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Saharsa. (Partha Sarthy, J) Bibhash U