Yogendra Chauhan @ Yogendra Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42839 of 2021 Arising Out of PS. Case No.-299 Year-2019 Thana- NAWADA MUFFASIL District- Nawada ====================================================== YOGENDRA CHAUHAN @ YOGENDRA PRASAD Son of Shri Ramjee Chauhan Resident of Village- Lohara, P.S.- Muffasil, District- Nawada. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arjun Prasad For the Opposite Party/s :
Mr.Rabindra Kumar Mr. Shankar Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-03-2022 Heard learned counsel for the petitioner, the State and the informant.
The petitioner seeks regular bail in connection with Mufassil Police Station Case No. 299 of 2019, registered for the offences punishable under Sections 341/323/324/307/302/34 of the Indian Penal Code.
The allegation against the petitioner, as per the First Information Report, is that he along with two other FIR named accused persons, assaulted the husband of the informant by means of rod on his head, leading to his death. Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and the allegation against him is general and omnibus in nature
Patna High Court CR. MISC. No.42839 of 2021(3) dt.29-03-2022 2/2 and the same is not specific. He further submits that specific allegation of assault is against co-accused, Vikash Chouhan, who has already been granted bail by a co-ordinate Bench of this court vide order dated 18.08.2021 passed in Cr. Misc. No. 42288/2021. Petitioner claims clean antecedent and is in custody since 14.04.2021 and investigation in this case is complete.
Learned counsel for the State and the informant vehemently opposed the prayer for bail and submitted that petitioner is one of the assailants of the deceased and he actively participated in the occurrence.
Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, be released on bail, upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada, in connection with Mufassil Police Station Case No. 299 of 2019. (Prabhat Kumar Singh, J) BKS/- U T