Gonga Yadav @ Manish Yadav @ Manish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24256 of 2022 Arising Out of PS. Case No.-77 Year-2020 Thana- BAKHTIYARPUR District- Patna ====================================================== 1.

GONGA YADAV @ MANISH YADAV @ MANISH KUMAR Son of Nagina Yadav @ Nagina Singh Resident of Village - Mogalpura, P.S. - Bakhtiyarpur, District - Patna.

2.

CHHOTE YADAV @ UDAY YADAV @ UDAY KUMAR Son of Nagina Yadav @ Nagina singh Resident of Village - Mogalpura, P.S. - Bakhtiyarpur, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Durgesh Nandan, Advocate For the Opposite Party/s :

Mr. Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 13-03-2023 Let the defect(s), if any, pointed out by the office be removed within three weeks from the date of this order, failing which the matter be listed again under the appropriate heading for necessary action.

Heard learned counsel for the petitioners and the learned APP for the State.

Petitioners seek regular bail in connection with Bakhtiyarpur P.S. Case No.77 of 2020 registered for the offences punishable under Sections 364, 306, 201/34 of the Indian Penal Code.

As per the prosecution, the deceased has been killed by the petitioners along with other co-accused persons on

Patna High Court CR. MISC. No.24256 of 2022(4) dt.13-03-2023 2/3 account of non-fulfillment of demand of motorcycle. The main submissions advanced by the learned counsel for the petitioners are that both the petitioners are own brothers of the husband of the deceased and in the FIR there is no specific allegation against them and father-in-law and sisterin-law of the deceased have been granted Anticipatory Bail by Co-ordinate Benches of this Court vide orders passed in Cr. Misc. Nos.26268 of 2022 and 6866 of 2023 and co-accused Arvind Kumar who happens to be brother of the deceased's husband has been granted bail by a Co-ordinate Bench of this Court vide order passed in Cr. Misc. No.7020 of 2022 and the case of the petitioners stand on similar footing with the said coaccused Arvind Kumar. Learned APP appearing for the State has opposed the bail prayer.

Considering the aforesaid facts and mainly considering the petitioners' case being similar to abovementioned co-accused persons who are on bail, in the opinion of this Court a lenient approach can be taken in respect of the petitioners' prayer, let the petitioners be released on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the

Patna High Court CR. MISC. No.24256 of 2022(4) dt.13-03-2023 3/3 concerned Court in connection with Bakhtiyarpur P.S. Case No.77 of 2020.

(Shailendra Singh, J) sangam/- U T