Pradip Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28049 of 2024 Arising Out of PS. Case No.-362 Year-2023 Thana- BAUNSI District- Banka ====================================================== Pradip Yadav Son of Jagarnath Yadav Resident of Village- Bhaga, Police Station- Bounsi, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Najmul Hodda, Advocate For the Opposite Party/s :

Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Bounsi P.S. Case No. 362 of 2023 instituted for the offence under Sections 341, 323, 302, 504, 506 & 34 of the Indian Penal Code. 3.

Prosecution case in short is that son of the informant was assaulted by co-accused persons including the petitioner by means of iron rod, due to which he succumbed to injury. It is also alleged that informant and his other son was assaulted by the accused persons when they tried to rescue. 4.

It has been submitted on behalf of the petitioner

Patna High Court CR. MISC. No.28049 of 2024(3) dt.21-06-2024 2/3 that the petitioner is in custody since 22-12-2023. Petitioner bears no criminal antecedent.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. There is no specific allegation attributed to the petitioner. There is general and omnibus allegation against the petitioner. Specific allegation of assault is against co-accused, namely, Pradeep Yadav. It is lastly submitted that charge sheet has already been submitted in this case. Other co-accused has been granted bail by this Court vide order dated 04-04-2024, passed in Cr. Misc. No. 24183 of 2024.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioner, there being no direct allegation against the petitioner, claim based on parity and charge sheet being submitted, this Court is inclined to grant bail to the petitioner. 8.

Let the petitioner 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 Court below/concerned Court in connection with Bounsi

Patna High Court CR. MISC. No.28049 of 2024(3) dt.21-06-2024 3/3 P.S. Case No. 362 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T