Ram Pravesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16072 of 2023 Arising Out of PS. Case No.-8 Year-2022 Thana- NAWADA MUFFASIL District- Nawada ====================================================== Ram Pravesh Yadav Son Of Late Sito Yadav R/O Village- Ashadi Laxmipur, P.S.- Mufassil, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhola Kumar For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-06-2023 Heard learned counsel for the petitioner, learned counsel for the informant 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, 504, 307, 302 of the Indian Penal Code. As per prosecution case, on the alleged date of occurrence, the accused persons including the petitioner started assaulting the husband of the informant Bijendra Kumar by means of several weapons due to which he sustained injury and subsequently he died. Thereafter, this case has been lodged. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. From perusal of FIR, it is not mentioned that the petitioner assaulted the deceased by which weapon whereas, other co-accused persons namely, Muni Lal and Rajaram yadav were specifically alleged to be assaulted the

Patna High Court CR. MISC. No.16072 of 2023(3) dt.26-06-2023 2/2 deceased by means of Garasa. It is further submitted that ten persons are alleged to have assaulted the deceased but according to postmortem report which is annexed with the Case diary, only one injury sustained by the person of deceased. General and omnibus allegation of assaulting is leveled against this petitioner. Moreover, the petitioner is languishing in judicial custody since 25.8.2022. Learned APP appearing for the state and learned counsel for the informant have vehemently opposed the prayer of regular bail and submitted that the petitioner also assaulted the husband of the informant.

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 Muffasil P.S. Case No. 8 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Nawada.

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