Santu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14784 of 2023 Arising Out of PS. Case No.-592 Year-2021 Thana- RAHUI District- Nalanda ====================================================== SANTU YADAV Son of Ramashray Yadav R/V- musepur P.O- Sohsarai, P.SRahui (O.P- Bhaganbigha) Dist- Nalanda Bihar- 803118 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sumit Kumar For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-07-2023 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 147, 148, 149, 341, 323, 302, 379, 504 and 506 of the Indian Penal Code. As per FIR, the allegation against the accused persons including the petitioner is that they assaulted the informant's wife due to which she sustained several injuries and died. It is further alleged that the accused persons also took away four lakhs cash and several ornaments from the house of the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to previous land dispute.

Patna High Court CR. MISC. No.14784 of 2023(3) dt.12-07-2023 2/2 There is no specific allegation of committing murder attributed against the petitioner rather general and omnibus allegation attributed against him. Similarly situated co-accused has already been granted bail by learned court below vide order dated 24.08.2022 passed in B.P. No. 1070 of 2022. It is further submitted that the petitioner is languishing in judicial custody since 29.11.2022.

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 Rahui (Bhaganbigha) P.S. Case No. 592 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-II, Biharsharif, Nalanda.

(Sunil Kumar Panwar, J) Manishkumar/- U T