Kali Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30057 of 2020 Arising Out of PS. Case No.-66 Year-2020 Thana- VIJAYEPUR District- Gopalganj ====================================================== 1.

Kali Yadav aged about 55 years (male) son of Narsingh Yadav 2.

Rohit Yadav aged about 21 years (male) son of Kali Yadav both R/o village- Majhwalia, P.S.- Vijaipur, District- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjan Kumar Jha, Advocate For the Opposite Party/s :

Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-12-2020 Heard Mr. Ranjan Kumar Jha, learned counsel for the petitioners and Dr. Ajeet Kumar, learned counsel appearing for the State through video conferencing.

Petitioners seek regular bail in connection with Vijaipur P.S. Case No. 66 of 2020 registered for the offence under Section 147, 148, 149, 341, 323, 324, 325, 307, 302 of the I.P.C.

The allegation as per the First Information Report is that the accused persons , 11 in number, assaulted the informant, his father and other family members on the issue of urination at door of the informant. It has further been alleged that petitioner no. - 1 assaulted by means of rod to the informant on his head and petitioner no. -2 along with other accused persons assaulted

Patna High Court CR. MISC. No.30057 of 2020(3) dt.05-12-2020 2/3 the father of the informant with iron rod, farsa and lathi etc. and there is specific allegation against petitioner no. -2 that he assaulted the father of the informant on his leg and other accused persons assaulted the father of the informant by means of Farsa and rod on his head leading to death of father of the informant.

Learned counsel for the petitioners submits that petitioners and the prosecution side both are neighbours and altogether 11 persons have been named as accused in this case and there is no specific allegation of assault upon the vital parts of the body against the petitioner no. 2 and the injury caused to the informant is not serious in nature and the opinion of the doctor regarding the injury is reserved. Learned counsel further submits that petitioners are in custody since 30.05.2020 and similarly situated co-accused person namely, Lakhapati Devi has been granted bail by this court in Cr. Misc. No. 25615 of 2020.

Having regard to the submissions made the parties and taking into consideration the materials available on record and the fact that assault made by petitioner no. 2 was not on the vital part of the body of the deceased and both the parties are neighbours, I am inclined to grant regular bail to the petitioners.

Patna High Court CR. MISC. No.30057 of 2020(3) dt.05-12-2020 3/3 Accordingly, let the petitioners, above named, be released on regular bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Anup Kumar Upadhyay, J.M. Ist Class, Gopalganj / court concerned in connection with Vijaipur P.S. Case No. 66 of 2020.

It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) praful/- U T