Pintu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20914 of 2022 Arising Out of PS. Case No.-453 Year-2020 Thana- KHAIRA District- Jamui ====================================================== 1.

PINTU YADAV SON OF DULAR YADAV R/O VILLAGE- BELA MANPUR, P.S.- KHAIRA, DISTRICT- JAMUI 2.

BIPIN YADAV SON OF DULAR YADAV R/O VILLAGE- BELA MANPUR, P.S.- KHAIRA, DISTRICT- JAMUI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhav Raj For the Opposite Party/s :

Mr.Tarun Prasad Mandal Mrs. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 03-08-2022 Learned counsel for the petitioners 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 petitioners and learned APP for the State.

The petitioners have preferred this application for grant of regular bail in a case registered under Sections 147, 148, 149, 323, 324, 307, 302, 504 and 506 of the Indian Penal Code.

As per the prosecution case, the petitioners and the co-accused persons are alleged to have surrounded the grandfather and cousin brother of the informant and inflicted

Patna High Court CR. MISC. No.20914 of 2022(2) dt.03-08-2022 2/3 blows of sword indiscriminately and due to which the grandfather died on the spot. On halla, when the informant's parents and uncles came to rescue, co-accused persons in connivance with one another killed the informant's uncle Rajendra Yadav with sword and weapons.

Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. Nothing has been recovered from the possession of the petitioners. There is general and omnibus allegation against the petitioners. The petitioners are accused in one more criminal case as stated at para 3 of the bail petition. The post morterm report shows that the deceased sustained one injury caused by sharp weapon and the other injury was caused by hard and blunt substance. The other co-accused has already been granted bail by the Co-ordinate Bench vide order dated 25.01.2022 passed in Criminal Misc. No. 30034 of 2021. It is further submitted that there is no chance of tampering of evidence. The petitioners are in custody since 11.11.2020 and 21.12.2020.

Learned A.P.P. for the State as well as learned counsel for the informant opposed the bail petition of the petitioners and submitted that the petitioners assaulted the grandfather of the informant and other family members with sword.

Patna High Court CR. MISC. No.20914 of 2022(2) dt.03-08-2022 3/3 Considering the aforesaid facts and circumstances, the petitioners above-named, are directed to be enlarged on bail on them furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Jamui, in connection with Khaira P.S. Case No. 453 of 2020.

The application stands allowed.

(Chandra Prakash Singh, J) atul/- U t