Gurudev Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40425 of 2024 Arising Out of PS. Case No.-12 Year-2023 Thana- BANMANKHI District- Purnia ====================================================== GURUDEV YADAV SON OF LATE SHIVAN YADAV Resident of VillagePipra, Ward No.- 03, P.S- Banmankhi, District- Purnea. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N. K. Agrawal, Sr. Advocate Mr. Bijendra Kumar Singh, Advocate For the Opposite Party/s :
Mr. Amitesh Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. Petitioner seeks regular bail in connection with Suppl. Banmankhi P. S. Case No. 12 of 2023 in a case registered for the offences punishable under Sections 147, 148, 149, 323, 302 of the Indian Penal Code.
3. Prosecution case, in brief, is that all the 9 F.I.R. named accused persons including this petitioner, armed with iron rod, lathi, khanti, assaulted informant and her family members due to which mother-in-law of informant sustained head injury and died on the spot.
4. Learned counsel for the petitioner submits that allegation of assault against the petitioner is general and
Patna High Court CR. MISC. No.40425 of 2024(2) dt.23-08-2024 2/2 omnibus and post-mortem report does not support the prosecution case. It is further submitted that three other similarly situated co-accused persons have already been granted anticipatory bail by co-ordinate Bench of this Hon'ble Court vide order dated 30.01.2024 passed in Cr. Misc. No. 53049 of 2023. Petitioner is in custody since 03.04.2024 and claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposes the bail application.
6. Considering the aforesaid facts and circumstances of the case and period of custody, the bail application is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate 1st, Purnea in connection with Banmankhi P. S. Case No. 12 of 2023.
(Prabhat Kumar Singh, J) Navya/- U T