Pawan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47016 of 2021 Arising Out of PS. Case No.-77 Year-2020 Thana- MARAUNA District- Supaul ====================================================== 1.

Pawan Yadav Son Of Nesi Yadav R/O Village- Teteriyahi, P.S.- Marauna, District- Supaul.

2.

Surendra Yadav @ Subodh Yadav Son Of Raj Kumar Yadav R/O VillageTeteriyahi, P.S.- Marauna, District- Supaul. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Adarsh Singh For the Opposite Party/s :

Mr. Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-01-2022 Heard learned Advocate for the petitioners and learned APP for the State through video conferencing. The petitioners seek bail in connection with S. T. No.122 of 2021 arising out of Marauna P. S. Case No.77 of 2020, instituted for the offences under Sections 147, 148, 149, 341, 321, 326, 307, 302, 504, 506 of the Indian Penal Code. The learned counsel for the petitioner submits that the petitioner no.1 is in custody since 23.01.2021 whereas petitioner no.2 is in custody since 31.01.2021, both are persons with clean antecedent and charge-sheet has been submitted. The learned counsel for the petitioner submits that the informant alleges that Raj Kumar Yadav was assaulted by knife

Patna High Court CR. MISC. No.47016 of 2021(2) dt.12-01-2022 2/3 on head of the deceased (Shyam Yadav) and petitioner along with others are alleged to have assaulted Kishan Yadav by lathi and danda.

The learned counsel for the petitioners submits that only one person i.e. Shyam Yadav died and the impugned order inadvertently records that on account of assault made by these petitioners, Kishan Yadav died. The learned counsel further submits that Raj Kumar Yadav has been granted bail by order dated 27.09.2021 in Cr. Misc. No.11966 of 2021 and Raja @ Sudhir Kumar Yadav has been granted bail by order dated 17.12.2021 in Cr. Misc. No.49874 of 2021.

The learned A.P.P. for the State opposes the bail application.

Considering the fact that the petitioner no.1 is in custody since 23.01.2021 whereas petitioner no.2 is in custody since 31.01.2021, both are persons with clean antecedent, charge-sheet has been submitted and co-accused have been granted bail, the petitioners, above-named, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned A.D.J.-IV, Supaul in connection with S. T. No.122 of 2021 arising out of Marauna

Patna High Court CR. MISC. No.47016 of 2021(2) dt.12-01-2022 3/3 P. S. Case No.77 of 2020.

The application stands allowed.

(Satyavrat Verma, J) vikash/- U T