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Patna High CourtCR. MISC./16680/2019bail granted

Udesh Yadav v. The State Of Bihar

2019-04-01Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16680 of 2019 Arising Out of PS. Case No.-49 Year-2018 Thana- NTPC KHAIRA District- Aurangabad ====================================================== UDESH YADAV Son of Doman Yadav Resident of Village - Madar, P.S. - N.T.P.C. Khaira, Distt - Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-04-2019 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with N.T.P.S. Khaira P.S. Case No. 49 of 2018 for the offences punishable under Sections 354, 308, 341, 323, 325, 34 of the Indian Penal Code.

The allegation is regarding the accused persons having assaulted the informant and his other family members. The learned senior counsel appearing for the petitioner submits that though there is allegation of assaulting the prosecution party, however, general and omnibus allegation has been made and as far as the injuries, sustained by the various persons of the prosecution party are concerned, the same are simple in nature, which fact has not been disputed by the learned counsel for the informant.

Patna High Court CR. MISC. No.16680 of 2019(2) dt.01-04-2019 2/2 It is further submitted that similarly situated other accused persons have already been granted anticipatory bail by this court vide order dated 21.12.2018 passed in Cr. Misc. No. 74689 of 2018. It is further submitted that the petitioner is having a clean antecedent and is languishing in custody since 04.02.2018. Per contra, the learned counsel for the informant has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, the petitioner, above named, is directed to be enlarged on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M., Aurangabad in connection with NTPS Khaira P.S. Case No. 49 of 2018.

(Mohit Kumar Shah, J) Tiwary/- U T