Ram Nath Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31604 of 2023 Arising Out of PS. Case No.-321 Year-2022 Thana- SAHPUR District- Bhojpur ====================================================== Ram Nath Yadav Son of Late Jhabu Yadav Resident of Village-Karnamepur, Police Station-Sahpur, District-Bhojpur, Bihar ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Ramanuj Tiwary, Advocate For the Opposite Party/s :

Mr. Ram Anurag Singh, APP For the Informant :

Mr. Santosh Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 21-06-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner seeks bail in connection with Sahpur P.S. Case No. 321 of 2022 registered for the offence under Sections 341, 323, 307, 379, 302/34 of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 21.01.2023.

The allegation against the petitioner is to commit murder of father of the informant alongwith other co-accused persons causing head injuries by means of lathi, rod, etc., where occurrence arises out of parking issues of vehicle. Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.31604 of 2023(2) dt.21-06-2023 2/3 submitted that the allegation of assault is not specifically attributed to this petitioner rather same is appearing very much general and omnibus. It is further submitted that similarly situated co-accused person, namely, Pawan Kumar Yadav has already been granted bail by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No. 11010 of 2023 vide order dated 25.04.2023. While concluding the argument, it has been submitted that petitioner is a man of clean antecedent and moreover, investigation has been completed, for which, chargesheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP duly assisted by learned counsel Mr. Santosh Kumar Jha appearing on behalf of the informant opposed the prayer of bail.

Considering the facts and circumstances as mentioned above and by taking note of the fact as allegation of assault is appearing very much general and omnibus against this petitioner coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 21.01.2023, accordingly, the petitioner, above named, is directed to be released on bail in connection with Sahpur P.S. Case No. 321 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two

Patna High Court CR. MISC. No.31604 of 2023(2) dt.21-06-2023 3/3 sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhojpur at Ara /concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C.

(Chandra Shekhar Jha, J) pooja/- U T