Jasindra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40330 of 2024 Arising Out of PS. Case No.-374 Year-2021 Thana- MURLIGANJ District- Madhepura ====================================================== 1.

Jasindra Yadav Son Of Late Bindeshwari Yadav Resident of village Kashipur, Ward No 2 P.S- Murliganj, District - Madhepura 2.

Pintu Yadav Son Of Late Bindeshwari Yadav Resident of village Kashipur, Ward No 2 P.S- Murliganj, District - Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhay Shankar Singh Mr. Barun Kumar Singh For the Opposite Party/s :

Mr. Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-07-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners seek bail in a case registered for offence under Sections 447, 341, 323, 325, 307, 354A, 379, 504, 506/34 of the Indian Penal Code.

3. As per prosecution case, on the alleged date and time of occurrence, petitioners alongwith other co-accused persons, armed with lathi, iron rod and dabiya, came at the door of the informant and thereafter, abused and assaulted informant and his family members, as a result of which, six persons sustained injuries, out of whom, two of them have sustained grievous injuries.

Patna High Court CR. MISC. No.40330 of 2024(2) dt.19-07-2024 2/2

4. Learned counsel for the petitioners submits that specific accusation of assault by Dabiya is against co-accused Gholat Yadav and Subodh Yadav. So far as these petitioners are concerned, there is general and omnibus allegation and no specific overt act has been alleged against them. He further submits that there is delay of 12 days in lodging the F.I.R. and there is no plausible explanation of delay. Petitioners have got clean antecedent and are in custody since 04.03.2024. Chargesheet has been submitted.

5. Learned A.P.P. for the State vehemently opposed the bail petition.

6. Considering the aforesaid facts and circumstances, let the above named petitioners be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Madhepura in connection with Murliganj P.S. Case No. 374 of 2021.

(Prabhat Kumar Singh, J) anay U T