Hiraman Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32531 of 2022 Arising Out of PS. Case No.-39 Year-2021 Thana- SULTANGANJ District- Bhagalpur ====================================================== HIRAMAN YADAV S/o Late Shiv Sahi Yadav @ Shivshali Yadav Resident of Village- Mirhatti, P.S.- Sultanganj, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms.Pravina Kumari For the Opposite Party/s :

Mr.Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 29-08-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Petitioner seeks regular bail in a case registered for the offence punishable under Section 302/34 of the Indian Penal Code. Allegedly, on account of a dispute occurred due to immersion of an idol accused persons including the petitioner assaulted the informant's husband and other persons and in the occurrence both sides sustained injuries.

The main submissions advanced by Ms. Pravina Kumari the learned counsel appearing for the petitioner are that there is no specific allegation against the petitioner, he has been languishing in jail since 6.4.2022 and specific role of the petitioner in assaulting husband of the informant has not been levelled by the informant and several co-accused persons carrying similar nature of allegation have

Patna High Court CR. MISC. No.32531 of 2022(2) dt.29-08-2022 2/2 been granted bail by different benches of this court and out of them copy of one order bearing Cr. Misc. no. 30157/2021 has been filed before this court as annexure 3.

Sri Ramchandra Singh, learned APP appearing for the State has opposed the prayer for bail.

Heard both sides and perused the FIR. FIR goes to show that on account of dispute of idol's immersion, persons from both sides assaulted each other and against the petitioner, there is no specific allegation and similarly situated co-accused has been granted bail by a coordinate bench of this court vide annexure 3. FIR has been registered against 13 persons, there is case and counter case between the parties vide mentioned in the petition. Considering these facts, in the opinion of this court, a lenient approach can be taken in respect of the petitioner. Let the petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate I, Bhagalpur in Sultanganj P.S Case No. 39 of 2021.

(Shailendra Singh, J) s.hassan/- U T