Babulal Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29109 of 2021 Arising Out of PS. Case No.-37 Year-2021 Thana- SIWAN MUFFASIL District- Siwan ====================================================== BABULAL YADAV Son of Shiv Lagan Chaudhary Resident of Village - Barhani ke Tola, P.S.- Siwan Muffasil, Distt.- Siwan. ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Suresh Mishra, Advocate For the Opposite Party/s :
Mr. Vinod Shankar Modi, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-12-2021 Heard Mr. Suresh Mishra, learned counsel for the petitioner and Mr. Vinod Shankar Modi, learned Additional Public Prosecutor appearing for the State.
Petitioner seeks regular bail in connection with Siwan Muffasil P.S. Case No. 37 of 2021 registered for the offences punishable under Sections 302, 120(B), 341, 323, 307, 504, 506, 379 and 354/34 of the Indian Penal Code 1860. The allegation as per the First Information Report is that one Arun Kumar Yadav by means of hockey stick assaulted the husband of the informant, due to which, he died and the petitioner along with other accused persons assaulted by means of lathi, danda, hockey stick, rod etc. to the informant and her other family members, due to which, they received injuries. Learned counsel for the petitioner submits that there is
Patna High Court CR. MISC. No.29109 of 2021(2) dt.06-12-2021 2/3 no specific allegation against the petitioner of assault upon the informant and her family members and the allegation against the petitioner is general and omnibus in nature. He further submits that specific allegation of assault with hockey stick is upon Arun Kumar Yadav, due to which, husband of the informant died. However, learned counsel submits that in the postmortem report, the Doctor has not opined regarding the definite cause of death. He next submits that altogether eight persons have received injuries out of which minor injuries have been found upon four persons and upon remaining four persons, no external injuries have been found. The petitioner is in custody since 24.1.2021 and charge sheet has already been submitted in the matter.
Regards being had to the submissions made by the parties and taking into consideration the materials on record, the fact that both the parties are co-villagers and allegation against the petitioner is general and omnibus in nature, the injuries caused to the family members of the informant have been found to be simple in nature and the petitioner is in custody since 24.1.2021 and charge sheet has already been submitted, I am inclined to grant regular bail to the petitioner.
Patna High Court CR. MISC. No.29109 of 2021(2) dt.06-12-2021 3/3 released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Siwan, in connection with Siwan Muffasil P.S. Case No. 37 of 2021. It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.
(Anil Kumar Sinha, J) S.Ali/- U T