Ishwar Yadav @ Kishardeo Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21531 of 2021 Arising Out of PS. Case No.-58 Year-2020 Thana- SAHARGHAT District- Madhubani ====================================================== Ishwar Yadav @ Kishardeo Yadav, Son of Mr. Ram Sevak Yadav Resident of Village- Bashabariya, P.S.- Saharghat, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Thakur, Adv.

: Ms.Vaishnavi Singh, Adv.

For the Informant :

Mr.Atul Shankar, Adv.

For the State : Mr.Anuj Kumar Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-10-2021 Heard the parties.

The petitioner seeks bail in a case registered for the offence punishable under Sections 341, 323, 307, 354, 379, 504, 506, 34 of the Indian Penal Code, in which charge shee has been submitted under Sections 147, 148, 341, 323, 354, 307, 302, 504, 506 of the I.P.C.

Allegation against the petitioner alongwith other accused persons is said to have assaulted the victim and her family members by means of lathi, danda and iron rod. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case due to land dispute. He submits that there is general and omnibus allegation against the petitioner and there is specific

Patna High Court CR. MISC. No.21531 of 2021(3) dt.26-10-2021 2/2 overt act against co-accused, namely, Ram Bharos Yadav and Ram Sewak Yadav, who assaulted the victim after that during treatment she died.

Learned counsel for the petitioner further submits that the postmortem shows that only one injury has been found on the body of the deceased. The petitioner is languishing in judicial custody since 19.09.2020. The petitioner has got no criminal antecedent which is mentioned in para 3 of the bail petition. Charge sheet has been submitted in this case. Learned APP for the State vehemently opposed the prayer for bail application.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with Saharghat P.S. Case No. 58/2020 to the satisfaction of learned Court below where the case is pending/ successor Court.

(Anjani Kumar Sharan, J) amitkumar/- U T