Binod Yadav And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.79852 of 2018 Arising Out of PS. Case No.-70 Year-2018 Thana- MARAUNA District- Supaul ======================================================
1. Binod Yadav son of Parmalal @ Parmalal Yadav, resident of village -Belhi, P.S.-Marauna, District-Supaul.
2. Ram Bilash Thakur, son of Late Ganpat Thakur, resident of village-Gamharia, P.S.-Marauna, District-Supaul.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Mishra For the Opposite Party/s :
Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-01-2019 Heard learned counsel for the petitioners and the learned APP for the State.
The petitioners seek bail in connection with Marauna P.S. Case No. 70 of 2018 instituted for the offence under Section(s) 147/148/149/341/323/324/307/302/379/504/506 of the Indian Penal Code.
Learned counsel for petitioners submits that general and omnibus allegation has been levelled against these petitioners.
In the written report, it is alleged that while the informant along with his father were coming to his village this petitioner along with 18 other FIR named persons surrounded them. It is further alleged that co- accused Arjun Yadav gave
Patna High Court Cr.Misc. No.79852 of 2018(2) dt.16-01-2019 2/2 order to kill the informant and his father. Thereafter, Arjun Yadav assaulted the father of informant on his head with butt of gun causing serious injury. He also assaulted the informant with butt of gun on his head. Subsequently, the father of informant died during course of treatment.
From the written report it appears that specific allegation of assault is against co-accused Arjun Yadav. Petitioner is alleged to be member of unlawful assembly. Petitioner no.1 is in custody since 7.10.18 whereas petitioner no.2 is in custody since 14.7.2018. Considering the aforesaid, let the petitioners, above named, 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 learned Judicial Magistrate, Supaul in connection with Marauna P.S. Case No. 70 of 2018, subject to the condition that both the bailers shall be the close relative of the petitioners.
(Sanjay Priya, J) shyambihari/- U T