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Patna High CourtCR. MISC./49962/2016bail granted

Prakash Yadav v. The State Of Bihar

2017-01-12Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49962 of 2016 Arising Out of PS.Case No. -68 Year- 2015 Thana -ROH District- NAWADA ======================================================

1. Prakash Yadav son of Late Raghunath Yadav resident of village- Garura, P.S.- Roh, District- Nawada.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sheo Kumar Prasad : Mr. Sheo Kr. Prasad For the Opposite Party/s : Mr. Smt. Reena Sinha For informant : Mr. Nawal Kishore Agarwal : Mr. Manish Kr. No.13 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-01-2017 Heard learned counsel for the petitioner, learned counsel for informant as well as learned Addl. Public Prosecutor. The application is for grant of bail in connection with Roh P.S. case no. 68 of 2015for the offence under Section 302/34 of the Indian Penal Code.

It is submitted on behalf of petitioner that from perusal of FIR, it transpires that there is general and omnibus allegation against the petitioner and other accused and specific allegation is only against Kaushal, even from case diary it appears that in course of investigation, witnesses has not named the petitioner.

Heard learned A.P.P. and learned counsel for

Patna High Court Cr.Misc. No.49962 of 2016 (3) dt.12-01-2017 2/2 informant also. They submitted that charge-sheet has already been filed and the trial is likely to be concluded fast. Having heard both sides. In view of the fact that there is general and omnibus allegation against the petitioner and specific allegation is against others and the same has not been controverted by learned counsel for informant, the bail application of petitioner is allowed and he is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/-(Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nawada in connection with Roh P.S. case no. 68 of 2015 with a condition that he will cooperate in the trial and make himself available on each and every date except on some genuine reason otherwise his bail bond will be cancelled. (Vinod Kumar Sinha, J.) rinkee/- U T