Binodi Yadav @ Binod Yadav @ Vinodi Yadav @ Vinod Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36921 of 2022 Arising Out of PS. Case No.-16 Year-2022 Thana- MUNGER MUFFASIL District- Munger ====================================================== Binodi Yadav @ Binod Yadav @ Vinodi Yadav @ Vinod Yadav Son Of Jago Yadav R/O Village- Chakballi, P.S.- Chakballi, District- Begusarai ... ... Petitioner

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr.Anurag Saurav, Advocate For the Opposite Party :

Mr.Zainul Abedin, Addl Public Prosecutor for the informant ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-11-2022 Heard learned counsel for the petitioner, the State and the informant.

Petitioner apprehends arrest in registered for the offences punishable under Sections 302/120B/34 and other allied sections of the Indian Penal Code.

As per the prosecution case, this petitioner and other accused persons, all named in the FIR, brutally assaulted the brother of the informant as a result of which he died on the spot.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case on suspicion. There is general and omnibus allegation of assault against all the accused persons and no specific overt act has been alleged

Patna High Court CR. MISC. No.36921 of 2022(2) dt.10-11-2022 2/2 against the petitioner. Till date, no post mortem report is on record. It is stated in paragraph 3 of the bail petition that the petitioner has got clean antecedent.

Learned counsel for the State and the informant oppose the prayer for bail submitting that the petitioner is named in the FIR with specific allegation that he along with other accused persons brutally assaulted informant's brother who died on the spot.

Considering the nature and gravity of allegation against the petitioner, his prayer for bail is refused with direction to surrender and seek regular bail which would be considered and disposed of on its own merit without prejudice. (Prabhat Kumar Singh, J) shashi/- U T