Amardesh Kumar Yadav @ Amardesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17099 of 2022 Arising Out of PS. Case No.-204 Year-2021 Thana- BHARGAMA District- Araria ====================================================== AMARDESH KUMAR YADAV @ AMARDESH YADAV SON OF LATE ARUN YADAV R/O VILLAGE- RAHARIYA, WARD NO. 12, P.S.- BHARGAMA, DIST.- ARARIA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rabindra Kumar Priyadarshi For the Opposite Party/s :

Mr.Chandra Bhushan Prasad For the State : Mr. Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-07-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under Sections 341, 323, 302, 504 read with 34 of the Indian Penal Code.

According to the prosecution case, the petitioner and co-accused persons are said to have assaulted the husband of the informant with legs, fists and lathi causing injury. The injured was taken to Sanjeevani hospital and after three days of the

occurrence, the injured died during the course of treatment. Learned counsel for the petitioner has submitted that the petitioner is innocent and he has falsely been implicated in this case on account of village politics. Nothing has been recovered from the conscious possession of the petitioner. There is land dispute between the parties. The petitioner has clean antecedent as stated at para 3 of the bail petition. The petitioner is in custody since18.12.2021. There is general and omnibus allegation against the petitioner. Learned counsel for the petitioner has further submitted that the post-mortem report shows that there is no external injury found on the person of the deceased.

Learned A.P.P. for the State has opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances, the petitioner above-named, is directed to be enlarged on bail on his furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Araria, in connection with Bhargama P.S. Case No. 204 of 2021.

The application stands allowed.

(Chandra Prakash Singh, J) shobhakri/- U T