Patna High CourtCR. MISC./38373/2019bail granted

Nitish Yadav v. The State Of Bihar

2019-09-25Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38373 of 2019 Arising Out of PS. Case No.-76 Year-2018 Thana- TILAUTHU District- Rohtas ====================================================== NITISH YADAV Son of Late Satyendra Yadav @ Satendra Singh Resident of Village- Mirzapur, Police Station- Tilauthu, District- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Surendra Kumar Choubey, Adv For the Opposite Party/s :

Mr.Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 25-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 324,326,307,302,120B of the Indian Penal Code.

In the occurrence of assault, three person died. Murder of Lalsi Devi was committed by co-accused-Sunil Yadav by causing injury with a Spade. Murder of Golu Kumar was committed by Krishna Yadav and murder of Chhotu was allegedly committed by Anil Yadav and Arbind Yadav. There is general and omnibus allegation against the petitioner and some other male and female accused to have committed assault to other injureds. Petitioner is in custody since 06.10.2018. Investigation of the case is already complete.

Patna High Court CR. MISC. No.38373 of 2019(6) dt.25-09-2019 2/2 Learned counsel for the informant opposed the prayer for bail.

Considering the fact that identically situated co-accused-Parmila Devi who was not one of the assailants of the deceased, a Coordinate Bench of this Court has granted bail on 23.07.2019 in Cr. Misc. No.16113 of 2019, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Sessions Trial No.557 of 2018(arising out of Tilauthu Police Station Case No.76 of 2018), subject to the condition that both bailors shall be resident of territorial jurisdiction of the learned court below and further the petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Nitesh/- U T