Ghutra Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31379 of 2019 Arising Out of PS. Case No.-843 Year-2018 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== GHUTRA YADAV Son of Late Guru Dayal Yadav @ Gudri Yadav Resident of Mayaganj, P.S.- Barari, District - Bhagalpur. ... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Praveen Kumar For the Opposite Party/s :
Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-07-2019 Heard learned counsel for the parties.
Petitioner is apprehending his arrest in connection with Kotwali (Barari) P.S.Case No.843 of 2018 , registered for offences punishable under Sections 147, 148, 149, 302, 201 of the Indian Penal Code.
Written report discloses the allegation that the son of his sister was called and taken away on the motorcycle by the accused persons and when the informant and others went in search of him they saw that the accused persons including the petitioners were assaulting the son of his sister by lathi and rod and one co-accused Md. Umar Chand @ Chand Mian and Habibuddin @ Tinku pushed the son of his sister in the fire causing fire injury later on the son of his sister died.
Patna High Court CR. MISC. No.31379 of 2019(2) dt.22-07-2019 2/3 Submission of the learned counsel for the petitioner is that no specific allegation has been attributed against the petitioner rather there is allegation that he along with others have assaulted the son of the sister of the informant and no corresponding injury was found and consider the same, Coordinate Benches of this Court has granted privilege of anticipatory bail to one of the co-accused vide order dated 29.3.2019 passed in Cr. Misc. No.17565 of 2019 and later on other co-accused persons have also been granted anticipatory bail, vide order dated 17,4,2019 passed in Cr. Misc. No.24670 of 2019 and order dated 26.4.2019 passed in Cr. Misc. No.27645 of 2019 by the Co-ordinate Benches of this Court and the case of the petitioner is similar to the co-accused persons.
Heard learned A.P.P. , who has opposed the prayer for bail on the ground the allegation is serious..
Patna High Court CR. MISC. No.31379 of 2019(2) dt.22-07-2019 3/3 learned court below, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Bhagalpur in connection with Kotwali (Barari) P.S.Case No.843 of 2018, subject to conditions as laid down under Section 438
(2) of the Code of Criminal Procedure.
With the above direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T