Soni Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28737 of 2019 Arising Out of PS. Case No.-164 Year-2018 Thana- WARISLIGANJ District- Nawada ====================================================== 1.

SONI YADAV Son of Late Mauzi Yadav Resident of Village - Masankhama, P.S.- Warisaliganj, Distt - Nawada.

2.

Pappu Yadav Son of Tilak Yadav Resident of Village - Masankhama, P.S.- Warisaliganj, Distt - Nawada.

3.

Sohrai Yadav Son of Tilak Yadav Resident of Village - Masankhama, P.S.- Warisaliganj, Distt - Nawada.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Devendra Prasad Singh For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 02-05-2019 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners seek bail in Warisaliganj P.S. Case No. 164/2018, instituted for offence under Section(s) 147, 148, 149, 341, 323, 324 and 307 of the Indian Penal Code. It is alleged in the written report that these petitioners along with other named accused persons armed with Khanti, Kulhari, Fasuli, Lathi and Danda etc. assaulted the husband of informant causing injury on the different part of body, as mentioned in the written report.

Injury report is annexed as Annexure-2, from which it appears that the injured has sustained three injuries, i.e. (i) lacerated wound on left side of occipital region. (ii) lacerated

Patna High Court CR. MISC. No.28737 of 2019(2) dt.02-05-2019 2/2 wound on the left pronto parietal region and (iii) lacerated wound on right pronto parietal region, all caused by hard and blunt substance.

Learned counsel for the petitioners has submitted that there is no allegation of specific overt act against these petitioners in the written report. There is general and omnibus allegation against these petitioners.

The other co-accused with similar allegation has already been granted bail by a Co-ordinate Bench of this Court in Cr. Misc. No. 62809/2018 dated 12.10.2018.

Petitioners are in custody since 29.01.2019.

Considering the aforesaid facts and circumstances, prayer of the petitioners for grant of bail is allowed. 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 Additional Chief Judicial Magistrate II, Nawada, in connection with Warisaliganj P.S. Case No. 164/2018, subject to the conditions that both the bailors shall be the close relative of the petitioners. (Sanjay Priya, J) rakhi/- U T