Patna High CourtCR. MISC./35584/2021bail rejected

Tuntun Yadav v. The State Of Bihar

2021-10-28Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35584 of 2021 Arising Out of PS. Case No.-162 Year-2019 Thana- KHAIRA District- Jamui ====================================================== TUNTUN YADAV Son of Wasuli Yadav @ Bindeshwari Yadav Resident of Village - Chaukitand, P.S.- Khaira, District - Jamui- 811317. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash Parasar, Advocate For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-10-2021 Heard learned counsel for the petitioner and the State. The petitioner seeks regular bail in Khaira Police Station Case No. 162 of 2019 registered for the offences punishable under sections 307/302/34 and other allied sections of the Indian Penal Code.

As per the prosecution case, on 8.6.2019 while the informant was going to his home, the petitioner and other accused persons abused and assaulted him on account of which he died during course of treatment in the hospital next day. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. There is general and omnibus allegation of assault against all the accused persons and no specific overt has been alleged against the petitioner. Petitioner is in custody since 21.12.2020.

Patna High Court CR. MISC. No.35584 of 2021(3) dt.28-10-2021 2/2 It is further submitted that deceased sustained five injuries including four superficial in nature caused by hard and blunt substance.

Learned counsel for the State opposes the prayer for bail and submits that there is specific allegation against the petitioner that he along with other accused persons abused and assaulted the informant who died during course of treatment in the hospital next day which has also been supported in the post mortem report. Petitioner has also got criminal antecedent. Considering the rival submissions of the parties, materials available on the record and the nature of accusation against the petitioner, his prayer for bail is refused. (Prabhat Kumar Singh, J) Shashi U T