Tarun Yadav @ Radhey Shyam Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22396 of 2020 Arising Out of PS. Case No.-255 Year-2019 Thana- BELAGANJ District- Gaya ====================================================== 1.

TARUN YADAV @ RADHEY SHYAM YADAV Son of Yogendra Yadav Resident of Village-Narayanpur, P.S.-Belaganj, District-Gaya. 2.

Prem Yadav Son of Yogendra Yadav Resident of Village-Narayanpur, P.S.- Belaganj, District-Gaya.

3.

Pankaj Yadav Son of Yogendra Yadav Resident of Village-Narayanpur, P.S.- Belaganj, District-Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Sinha For the Opposite Party/s :

Mr.Sanjay Kr. Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-09-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioners is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of lifting of the lockdown in the State of Bihar.

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

The petitioners seek bail in a case instituted for the

Patna High Court CR. MISC. No.22396 of 2020(2) dt.11-09-2020 2/3 offences under Sections 147, 149, 447, 341, 323, 307, 302, 504 of the I.P.C.

Prosecution case, in short, is that the accused persons including the petitioners came having lathi, danda and rod in their hand and accused Sadhu Yadav @ Bhim Yadav assaulted the informant's father on his head causing fracture injury. He was taken to the Hospital, where the doctor declared him dead. It has been submitted on behalf of the petitioners that the petitioners are in custody since 20.01.2020 and have got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioners. General and omnibus allegation has been made. No specific overt act is alleged against the petitioners. The main allegation is against the co-accused Sadhu Yadav @ Bhim Yadav, who is alleged to have given fatal blow on the deceased.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R./complaint case. Considering the aforesaid facts and circumstances, let the petitioners, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M.

Patna High Court CR. MISC. No.22396 of 2020(2) dt.11-09-2020 3/3 XI, Gaya in connection with Belaganj P.S. case No.255 of 2019. (Sudhir Singh, J) Narendra/- U T