Patna High CourtCR. MISC./23137/2024bail granted

Sakaldev Yadav v. The State Of Bihar

2024-03-20Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23137 of 2024 Arising Out of PS. Case No.-121 Year-2023 Thana- DHANAHA District- West Champaran ====================================================== Sakaldev Yadav Son of Late Ramdhari Yadav Resident of Village- Mushahari Baira Bazar, Police Station- Dhanaha, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kr Singh No. 1, Advocate For the Opposite Party/s :

Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-03-2024

1. Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Dhanaha P.S. Case no.121 of 2023 registered under sections 302, 307, 324, 379, 506, 147, 148, 149, 341 and 120B of the Indian Penal Code.

3. As per the prosecution case, twelve named accused persons are said to have come variously armed. It is further stated that on the orders of Hira Yadav, Amal Yadav gave knife blow in the stomach of his father as a result of which he died during course of treatment. Amal Yadav was caught at the place of occurrence. It is stated that the other accused managed to escape.

4. Learned counsel for the petitioner submits that even

Patna High Court CR. MISC. No.23137 of 2024(2) dt.20-03-2024 2/2 as per the F.I.R the allegation against the petitioner is general and omnibus in nature. The specific allegation of giving knife blow is on Amal Yadav and not the petitioner herein. The petitioner is in custody since 9.1.2024 and charge-sheet has been submitted in the case.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R, the specific allegation of giving knife blow on the father of the informant leading to his death being on Amal Yadav and not the petitioner herein together with the petitioner having remained in custody since 9.1.2024, charge-sheet having been submitted in the case and grant of bail to co-accused Kamal Yadav vide order dated 17.2.2024 passed in Cr. Misc. no.7040 of 2024, the petitioner is directed to be enlarged on bail in connection with Dhanaha P.S. Case no.121 of 2023, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate- 1st Class, Bagaha, West Champaran.

(Partha Sarthy, J) Saurabh/- U T