Shiv Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47722 of 2021 Arising Out of PS. Case No.-54 Year-2021 Thana- SALIMPUR District- Patna ====================================================== SHIV KUMAR YADAV S/O LATE RAMVIRKSH YADAV R/o village- Dih Manghauli, P.S.- Salimpur, District- Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sushant Kumar, Advocate For the Opposite Party/s :

Mr. Aditya Narayan Singh.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-02-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 302, 147, 148 and 149 of the Indian Penal Code.

As per the prosecution case, the six named accused persons including the petitioner herein as also Gautam Yadav, Indrajeet Yadav and Bambam Yadav are stated to have assaulted the father of the informant. It is stated that Anil Yadav and Shiv Kumar Yadav assaulted the informant's father with an iron rod and continued to assault after he had fallen down injured. On his loosing consciousness, the accused persons went away. The father of the informant died.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.47722 of 2021(2) dt.09-02-2022 2/2 that the petitioner has been falsely implicated in the case. The allegations are general and omnibus in nature, the specific allegations being against Anil Yadav and Shiv Kumar Yadav. The case of the petitioner stands on a similar footing to that of co-accused Indrajeet Yadav, Gautam Kumar and Bambam Yadav who have been enlarged on bail vide order dated 22.11.2021 passed in Cr. Misc. no. 47963 of 2021. The petitioner is in custody since 8.4.2021 and has no criminal antecedent. Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the petitioner having remained in custody for more than 10 months and grant of bail to the above named co-accused, the Court directs the petitioner to be enlarged on bail in connection with Salimpur P.S. Case no. 54 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned ADJ-IV, Barh, District Patna.

(Partha Sarthy, J) Prakash/- U