Govind Yadav @ Govind Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31694 of 2023 Arising Out of PS. Case No.-488 Year-2021 Thana- DAUDNAGAR District- Aurangabad ====================================================== Govind Yadav @ Govind Singh Son of Ramdeo Singh @ Rajdeo Singh Resident of village-Badki Karma @ Karma Kala, P.S.-Daudnagar, DistrictAurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar Singh, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 07-07-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Daudnagar P.S. Case No. 488 of 2021 registered for the offence under Sections 147, 148, 149, 341, 323, 120-B, 384, 302 and 504 of the Indian Penal Code and under Section 27 of the Arms Act.
The accused/petitioner is named in the F.I.R. and is in custody since 22.03.2023.
The allegation against the petitioner is commit murder of son of informant alongwith other co-accused persons.
Patna High Court CR. MISC. No.31694 of 2023(2) dt.07-07-2023 2/3 Learned counsel appearing on behalf of the petitioner submitted that the parties are agnates and occurrence arises out of local disputes and differences. It is submitted that the allegation against petitioner, as regard to physical assault causing death, is appearing very much general and omnibus and of considering the said fact several co-accused persons have been granted bail by one of the learned Co-ordinate Bench of this Court through Cr. Misc. No. 56152 of 2022 vide order dated 07.02.2023. While concluding the argument, it has been submitted that petitioner found involved in two more criminal cases, where he has already acquitted in one case and in remaining one case, he is on bail and moreover, investigation of this case has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP opposes the prayer of bail.
Considering the facts and circumstances as mentioned above, as allegation against this petitioner, qua, physical assault, causing death of son of informant, is appearing very much general and omnibus as per the narration of F.I.R. coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 22.03.2023, accordingly, above
Patna High Court CR. MISC. No.31694 of 2023(2) dt.07-07-2023 3/3 named petitioner is directed to be released on bail in connection with Daudnagar P.S. Case No. 488 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Daudnagar, Aurangabad/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. (Chandra Shekhar Jha, J) pooja/- U T