Sudama Yadav @ Sudam Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27615 of 2020 Arising Out of PS. Case No.-241 Year-2006 Thana- BARH District- Patna ====================================================== SUDAMA YADAV @ SUDAM YADAV S/o Ram Baran Yadav @ Baran Yadav Resident of Village-Dumaria, P.S.-Barh, District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prem Ranjan Kumar For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-12-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody since 17.07.2019 in connection with Barh P.S. Case No. 241/2006 registered for the offence punishable under Sections 147/148/149/302 of the Indian Penal Code.

As per the prosecution story, all the thirteen named accused persons including this petitioner (Sudama Yadav) have killed Shambhu Prasad, son of the informant, with butt of pistol and rifles.

It is submitted on behalf of the petitioner that there is general and omnibus allegation against this petitioner and no overt act has been attributed against him. It is further submitted that similarly situated co-accused persons, namely, Kalicharan

Patna High Court CR. MISC. No.27615 of 2020(3) dt.02-12-2020 2/2 Mallah has been granted regular bail vide order dated 06.08.2007 passed in Cr. Misc. No. 29238 of 2007, Tuntun Mallah has been granted regular bail vide order dated 21.06.2007 passed in Cr. Misc. No. 26837 of 2007, Suresh Mallah has been granted regular bail vide order dated 06.08.2007 passed in Cr. Misc. No. 14438 of 2007 and Binod Mallah has been granted regular bail vide order dated 19.01.2007 passed in Cr. Misc. No. 51775 of 2006 and the petitioner is in jail custody since 17.07.2019. Considering the aforesaid facts and circumstances, the bail petition of the petitioner is allowed. Let the petitioner 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 learned Additional Sessions Judge-Vth, Barh, Patna, in connection with Barh P.S. Case No. 241/2006.

(Prabhat Kumar Singh, J) Saif/- U T