Surendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15713 of 2022 Arising Out of PS. Case No.-192 Year-2021 Thana- KEWATI District- Darbhanga ====================================================== 1.

SURENDRA YADAV son of Late Ram Narayan Yadav Resident of Village - Patra, P.S.- Keoti, District - Darbhanga.

2.

BINOD YADAV Son of Late Ram Narayan Yadav Resident of Village - Patra, P.S.- Keoti, District - Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Vaishnavi Singh, Advocate For the Opposite Party/s :

Ms. Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 23-12-2022 Heard learned counsel for the petitioners and learned APP for the State through video conferencing. The petitioners have preferred this application for grant of regular bail in a case registered under sections 302, 307, 379 and other sections of the Indian Penal Code. As per the prosecution case, the thirteen named accused persons including the two petitioners herein as also 10 to 12 unknown persons are said to have come variously armed and as a result of assault by co-accused Dukhi Yadav, the uncle of the informant died. It is further stated that the petitioner no. 1 assaulted the informant with a farsa while the petitioner no. 2 assaulted the father of the informant with the butt of a pistol, seriously injuring them.

It is submitted by learned counsel for the petitioners that the petitioners have been falsely implicated in this case. So

Patna High Court CR. MISC. No.15713 of 2022(4) dt.23-12-2022 2/2 far as the deceased uncle of the informant is concerned, the allegation of overt act is specific on co-accused Dukhi Yadav and not the petitioners herein. The petitioners are in custody since 23.11.2021 and 15.12.2021 respectively. Investigation in the case has concluded.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioners in the FIR, the allegation of assault on deceased uncle of the informant being specific on Dukhi Yadav together with both the petitioners having remained in custody for more than 1 year, the Court directs the above named two petitioners to be enlarged on bail in connection with Keoti P.S. Case no. 192 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 Chief Judicial Magistrate, Darbhanga.

(Partha Sarthy, J) Prakash/- U T