Rama Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29670 of 2021 Arising Out of PS. Case No.-336 Year-2020 Thana- ALOULI District- Khagaria ====================================================== RAMA YADAV S/o Late Shivnandan Yadav Resdient of Village - Chikni, P.S. Alauli, District - Khagaria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-12-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Alauli PS case no. 336 of 2020 instituted for the offences punishable under Sections 341, 323, 504, 506, 379, 308/34 of Indian Penal Code.

The allegation is regarding the accused persons including the petitioner herein having surrounded the son of the informant and assaulted him, resulting in him being inflicted with number of injuries, out of which, one is stated to be grievous in nature.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody since 03.02.2020. The learned counsel for the petitioner has further submitted that though the incident had taken place on 21.10.2020 but the F.I.R. was lodged

Patna High Court CR. MISC. No.29670 of 2021(2) dt.09-12-2021 2/2 on 26.10.2020 with a pre-medicated mind. It has also been submitted that on account of altercation having been taken place due to minor dispute, the petitioner has been falsely implicated in the present case. Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the fact that a general and omnibus allegation has been levelled against all the accused persons and as far as the petitioner is concerned, there is no allegation of any sort of overt act qua him apart from the fact that he is in languishing in custody since 03.02.2020, I deem it fit and proper to admit the petitioner to the privilege of bail, accordingly the abovenamed petitioner is directed to be released 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 learned court of Chief Judicial Magistrate, Khagaria in connection with Alauli PS case no. 336 of 2020. (Mohit Kumar Shah, J) rinkee/- U T