Prakash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44570 of 2021 Arising Out of PS. Case No.-80 Year-2020 Thana- DHURAIYA District- Banka ====================================================== PRAKASH YADAV Son of Late Kishori Yadav Resident of Village - Baratikar, P.S. - Dhoraiya, District - Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Mukherjee, Advocate For the Opposite Party/s :

Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 21-03-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 307, 147, 148, 149, 323, 307, 354, 504, 506 and 448 of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, it is stated by the informant that the accused persons totalling thirteen in number including the petitioner herein came variously armed with lathi, rod, etc. and started to assault the informant and others. It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. There is case and counter case between the parties. The allegations are general and omnibus in nature. The case of the petitioner stands on a similar footing to that of co-accused Dilip Yadav who has

Patna High Court CR. MISC. No.44570 of 2021(4) dt.21-03-2022 2/2 been enlarged on bail vide order dated 13.1.2022 passed in Cr. Misc. no. 39037 of 2021. The petitioner is in custody since 23.10.2020.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the general and omnibus allegations against the petitioner, grant of bail to coaccused Dilip Yadav and the petitioner having remained in custody for more than 1 year, the petitioner is directed to be enlarged on bail in connection with Dhoraiya P.S. Case no. 80 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate/successor court, Banka.

(Partha Sarthy, J) Spd/- U T