Kailu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15693 of 2024 Arising Out of PS. Case No.-547 Year-2023 Thana- KOTWALI District- Munger ====================================================== Kailu Yadav Son of Late Kishun Yadav Resident of Mohalla- Lal Darwaja, Kamal Baba Road, P.S.- Kotwali, District- Munger ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anurag Saurav, Advocate For the Informant :
Mr. Raman, Advocate :
Mr. Surya Narayan Sah, Advocate For the Opposite Party/s :
Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-03-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.
2. The petitioner seeks bail in connection with Kotwali P.S. case No. 547 of 2023 instituted for the offences under Sections 147, 148, 149, 323, 341, 326, 307, 504, 506 of the Indian Penal Code and Section 302 of the Indian Penal Code was added later on.
3. Prosecution case, in short, is that informant received a phone call that all the FIR named accused persons alongwith 20-25 unknown persons were assaulting his father. On this information, the informant went to the alleged place and tried to rescue his father but the accused persons also assaulted the
Patna High Court CR. MISC. No.15693 of 2024(2) dt.12-03-2024 2/3 informant. It is further alleged that this petitioner along with Aman and Anshu assaulted the informant with lathi-danda.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. There is no specific allegation of assaulting the deceased against the petitioner rather there is general and omnibus allegation of assaulting the informant. Learned counsel further submitted that the injury sustained by the informant is simple in nature. There is earlier land dispute between the parties. Charge-sheet has been submitted in this case. It has been submitted on behalf of the petitioner that the petitioner is in custody since 23.11.2023 and has two criminal antecedents.
5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, no specific allegation of assaulting the deceased as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court
Patna High Court CR. MISC. No.15693 of 2024(2) dt.12-03-2024 3/3 below/concerned Court in connection with Kotwali P.S. case No. 547 of 2023.
(Rudra Prakash Mishra, J) Alok Verma/- U T