Patna High CourtCR. MISC./31671/2023bail granted

Kailash Yadav v. The State Of Bihar

2023-07-14Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31671 of 2023 Arising Out of PS. Case No.-107 Year-2022 Thana- DHAMDAHA District- Purnia ====================================================== 1.

KAILASH YADAV Son of Gunanand Yadav Resident of village-Bajraha, P.S.-Dhamdaha, District-Purnea 2.

NARESH YADAV Son of Gunanand Yadav Resident of village-Bajraha, P.S.-Dhamdaha, District-Purnea 3.

SANJAY YADAV Son of Gunanand Yadav Resident of village-Bajraha, P.S.- Dhamdaha, District-Purnea 4.

ASHISH KUMAR Son of Kailash Yadav Resident of village-Bajraha, P.S.- Dhamdaha, District-Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar , Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, Addl. Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-07-2023 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 147, 149, 341, 323, 307, 504, 506, 427 of the Indian Penal Code.

3. It is alleged that 14 named accused persons including these petitioners assaulted the informant and his family members in which they sustained injury.

4. It is submitted that the allegation of assault is general and omnibus. No specific overt act is alleged against

Patna High Court CR. MISC. No.31671 of 2023(2) dt.14-07-2023 2/2 these petitioners. Petitioners claim clean antecedent.

5. Learned counsel for the State vehemently opposes the bail petition of these petitioners.

6. Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, be enlarged 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, Ist, Purnea in connection with Dhamdaha P.S. Case No 107 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

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