Angad Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28153 of 2021 Arising Out of PS. Case No.-46 Year-2020 Thana- MANJHAGARH District- Gopalganj ====================================================== ANGAD YADAV Son of Late Megha Yadav R/O Village - Umar Mathiya, P.S. - Manjhagarh, District - Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjeet Kumar Pandey, Mr.Rajesh Kumar, Advocates For the Opposite Party/s :

Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-12-2021 Heard Mr. Ranjeet Kumar Pandey, learned counsel for the petitioner and Mr. Raj Ballabh Singh, learned Additional Public Prosecutor for the State.

Petitioner seeks regular bail in connection with Manjhagarh PS Case No. 46/2020 registered for the offence punishable under Section 341, 323, 307, 302, 504/34 of the IPC and Section 27 of the Arms Act.

The allegation against the petitioner, as per First Information Report, is that the petitioner along with other accused persons assaulted the informant and his family members and a co-accused, namely, Mukesh Yadav @ Sadhu Yadav has, allegedly, fired upon the brother-in-law of the informant due to which, he died.

Patna High Court CR. MISC. No.28153 of 2021(2) dt.06-12-2021 2/3 Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to land dispute between the parties and from perusal of the First Information Report, it would be evident that the allegation against the petitioner is general and omnibus in nature. Learned counsel further submits that similarly situated co-accused, namely, Atul Yadav has been granted bail by a co-ordinate Bench of this Court vide Cr. Misc. No. 33301/2020. He next submits that the petitioner is in custody since 06.01.2021 On the other hand, learned Additional Public Prosecutor for the State, referring to paragraph-3 of the present bail application, submits that the petitioner has got criminal antecedents and he does not deserve privilege of bail. In reply to the submission made on behalf of the State, learned counsel for the petitioner submits that the other two cases, in which the petitioner has been made accused, were lodged on account of land dispute and there was case and counter case between the parties.

Regard being had to the submissions made by the parties and taking into consideration the material on record and the fact that the allegation against the petitioner is general and omnibus in nature, there is specific allegation against co-

Patna High Court CR. MISC. No.28153 of 2021(2) dt.06-12-2021 3/3 accused, namely, Mukesh Yadav @ Sadhu Yadav of firing upon the brother-in-law of the informant and similarly situated coaccused, Atul Yadav has already been granted bail by a Coordinate Bench of this Court, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, ANGAD YADAV be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Manjhagarh PS Case No. 46/2020. (Anil Kumar Sinha, J) perwez U T