Patna High CourtCR. MISC./27797/2023bail granted

Umesh Yadav v. The State Of Bihar

2023-06-07Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27797 of 2023 Arising Out of PS. Case No.-64 Year-2020 Thana- NAUHATTA District- Saharsa ====================================================== 1.

UMESH YADAV, SON OF LATE JAGESHWAR YADAV, RESIDENT OF VILLAGE- KEDLI, WARD NO. 05, PS- NAWHATTA, DISTT- SAHARSA 2.

AMALESH YADAV, SON OF UMESH YADAV, VILLAGE- KEDLI, WARD NO. 5, PS- NAWHATTA, DISTT- SAHARSA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satish Kumar Singh, Advocate For the Opposite Party/s :

Mr.Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-06-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners seek regular bail in connection with Nauhatta P.S. Case No.64/2020, lodged on 27.04.2020 under Sections 147, 148, 149, 341, 323, 307, 379, 354B, 302, 504 of the Indian Penal Code, subsequently Section 302 of the Indian Penal Code was also added.

3. As per the prosecution case, the FIR has been lodged against 8 named accused persons other than the petitioners.

4. Learned counsel for the petitioners submits that the name of the petitioners has not figured in the FIR, as such, no

Patna High Court CR. MISC. No.27797 of 2023(2) dt.07-06-2023 2/2 offence either under Section 307 or Section 354 B of the Indian Penal Code is made out against him which are majour sections. Learned counsel for the petitioners further submits that the antecedent of the petitioners is clean and he is in custody since 13.10.2022. Moreover, the chargesheet has already been filed.

5. Learned APP for the State opposes the prayer for bail of the petitioners and submits that the name of the petitioners has figured during investigation.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioners above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Saharsa in connection with Nauhatta P.S. Case No.64/2020, subject to the conditions as laid down under Section 437(3) of Cr.P.C.

(Dr. Anshuman, J) Ashwini/- U