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Patna High CourtCR. MISC./45889/2021bail granted

Chano Yadav @ Chandeshwari Yadav v. The State Of Bihar

2021-12-02Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45889 of 2021 Arising Out of PS. Case No.-584 Year-2020 Thana- MADHEPURA District- Madhepura ====================================================== Chano Yadav @ Chandeshwari Yadav S/O Late Sukhdeo Yadav R/o villageYadav Nagar, P.S.- Madhepura (Bharrahi O.P.), District- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nafisuzzoha For the Opposite Party/s :

Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-12-2021 Heard both parties.

The petitioner seeks bail in Madhepura P.S. Case No. 584 of 2020, registered for the offence punishable under Sections 302, 307 and other allied sections of the Indian Penal Code.

As per the prosecution case, petitioner is alleged to have assaulted the nephew of informant by means of iron rod on his head causing injury to him. When informant's son came to save him, co-accused Nitish Kumar gave Dabia blow on his head causing bleeding injury on his head, thereafter, all the accused persons assaulted him by lathi. During course of treatment, informant's son died.

It is submitted on behalf of the petitioner that there is general and omnibus allegation against this petitioner. Specific

Patna High Court CR. MISC. No.45889 of 2021(2) dt.02-12-2021 2/2 allegation of assault upon the deceased is against co-accused Nitish Kumar. Petitioner is not assailant of the deceased. FIR has been lodged after delay of 11 days. Petitioner claims clean antecedent and he is in custody since 12.11.2020. Investigation is complete.

Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged 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 learned Additional Sessions Judge I, Madhepura in connection with Madherpura P.S. Case No. 584 of 2020.

(Prabhat Kumar Singh, J) vinita/- U T