Yashomit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21601 of 2025 Arising Out of PS. Case No.-286 Year-2023 Thana- SARAI District- Vaishali ====================================================== Yashomit Kumar S/o- Vimal Mishra Village- Mahmadabad PS-Sarai, DistVaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mritunjay Kumar, Advocate For the State :

Mr. Rana Randhir Singh, APP For the Informant :

Mr. Sunil Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-05-2025 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.

2. Petitioner seeks regular bail in connection with Sarai P. S. Case No. 286/2023 in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 302, 379, 504 and 506 of the Indian Penal Code.

3. As per prosecution case, on the alleged date and time of the occurrence, all the F.I.R. named accused persons including this petitioner came to the house of the informant and abused and assaulted him and his father as a result of which, father of the informant sustained injuries and died during treatment.

4. Learned counsel for the petitioner submits that specific accusation of assault is against co-accused Sumit Kumar. So far this petitioner is concerned, there is general and

Patna High Court CR. MISC. No.21601 of 2025(2) dt.16-05-2025 2/2 omnibus allegation. Both parties are own gotiyas and due to long standing land dispute between the parties, this false and concocted case has been lodged. It is further submitted that similarly situated co-accused Vimal Mishra has already been granted regular bail by this Court vide order dated 21.06.2024 passed in Cr. Misc. No. 28358 of 2024. Petitioner is in custody since 08.01.2025. Charge-sheet has already been submitted.

5. Learned A.P.P. for the State and learned counsel for the informant vehemently oppose the bail application and submit that there is specific allegation that this petitioner assaulted on the hand and back of the deceased by means of lathi.

6. Considering nature of accusation and the fact that similarly situated co-accused has already been granted bail, the bail application is allowed. Let the above named petitioner 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 ACJM-XVI, Vaishali at Hajipur in connection with Sarai P. S. Case No. 286/2023.

(Prabhat Kumar Singh, J) Navya/- U T