Jaldhar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29952 of 2022 Arising Out of PS. Case No.-1012 Year-2021 Thana- BANKA District- Banka ====================================================== 1.

Jaldhar Yadav Son Of Parmeshwar Yadav R/O Village- Bishara, P.S.- Banka, District- Banka 2.

Kisto Yadav Son Of Mahendra Yadav R/O Village- Bishara, P.S.- Banka, District- Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar @Deepak Sahay, Advocate For the Opposite Party/s :

Mr.Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-09-2022 Heard learned counsel for the petitioners and the State. Petitioners apprehend their arrest in a case registered for the offence punishable under Sections 379/307/34 and other allied sections of the Indian Penal Code.

Petitioners are alleged to have brutally assaulted the husband of the informant causing his death during treatment. Learned counsel appearing for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. There is general and omnibus allegation of assault against all the accused persons and no specific overt act has been alleged against the petitioners. Incident took place on the spur of moment and it was not pre-planned. Petitioners have got no criminal antecedent. Victim died after 24 days of the incident of alleged assault.

Patna High Court CR. MISC. No.29952 of 2022(2) dt.29-09-2022 2/2 Learned counsel appearing for the State opposes the prayer for bail.

In view of the nature and gravity of allegation, prayer for bail of the petitioners is refused with direction to surrender and seek regular bail which would be considered and disposed of on its own merit without prejudice.

(Prabhat Kumar Singh, J) Shashi U T