Mukesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22393 of 2020 Arising Out of PS. Case No.-108 Year-2019 Thana- BARHAT District- Jamui ====================================================== 1.

MUKESH YADAV Son of Mohan Yadav Resident of Village- Barhat, P.S.- Barhat, District- Jamui.

2.

Karu Yadav Son of Mohan Yadav Resident of Village- Barhat, P.S.- Barhat, Distt- Jamui.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar, Mr. Ankur Prakash Sinha For the Opposite Party/s :

Mr. Mukesh Kumar Singh.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-09-2020 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 petitioner 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 offences under Sections 147, 148, 149, 341, 323, 324, 325, 307, 302, 504 and 506 of the Indian Penal Code.

Patna High Court CR. MISC. No.22393 of 2020(2) dt.14-09-2020 2/3 The prosecution case in short is that the accused persons came to the house of the informant and assaulted to his brother due to which he sustained injury. When the informant went for rescue, he was also assaulted by them. It has been submitted on behalf of the petitioners that the petitioners are in custody since 19.03.2020 and have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. Charge-sheet has been submitted in the present case. The petitioner is alleged to have assaulted the informant of the case. There is no allegation of assault alleged against the petitioner upon the deceased. The deceased is said to have been assaulted by co-accused namely Dwarika Yadav @ Katari Yadav. Except for suspicion, there is no other substantive evidence to suggest his implication in the present case.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that 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 Sri M.K. Pandey, J.M. 1st Class, Jamui in connection with Barhat

Patna High Court CR. MISC. No.22393 of 2020(2) dt.14-09-2020 3/3 P.S. Case No. 108 of 2019.

(Sudhir Singh, J) Pankaj/- U T