Pramod Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (SJ) No.1009 of 2023 Arising Out of PS. Case No.-300 Year-2022 Thana- FATEHPUR District- Gaya ====================================================== PRAMOD YADAV S/O SHANKAR YADAV @ SHANKAR PRASAD Resident of Village- Naudiha, P.S.- Fatehpur, District- Gaya. ... ... Appellant/s
Versus
1.
The State of Bihar 2.
SANTOSH RAVIDAS S/O LATE MUNNI RAVIDAS Resident of VillageBhaluani, P.S.- Fatehpur, District- Gaya. ... ... Respondent/s ====================================================== Appearance :
For the Appellant/s :
Mr. Rajesh Kumar Mishra, Advocate For the Informant :
Mr. Vinod Kumar, Advocate For the State :
Mr. Sadanand Paswan, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-07-2023 Heard learned counsel for the appellant, the State and respondent no.2.
The present appeal is directed against the order dated 16.01.2023, passed in a case registered for the offence punishable under Sections 302, 34 of the Indian Penal Code read with Sections 3(2)(v) of the SC/ST Act, whereby anticipatory bail of the appellant has been rejected. As per FIR, this petitioner along with co-accused Umesh Kumar and Sibu Yadav assaulted the son of the informant who was also present at the place of occurrence. On account of assault, the son of the informant died. It is submitted on behalf of the appellant that
Patna High Court CR. APP (SJ) No.1009 of 2023(3) dt.12-07-2023 2/2 allegation against the appellant is general and omnibus in nature and no specific over act has been alleged against this appellant. However, learned counsel for the State and informant vehemently opposed the appeal for the bail and submits that on bare perusal of FIR, it is manifest the appellant is named in the FIR and that there is specific allegation that he along with other accused persons assaulted the son of the informant and as a result he died.
Considering the nature of allegation and gravity of offence, I do not find any reason to interfere with the impugned order. This appeal seeking pre-arrest bail is dismissed. (Prabhat Kumar Singh, J) Alok Verma/- U T