Indrajeet Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47963 of 2021 Arising Out of PS. Case No.-54 Year-2021 Thana- SALIMPUR District- Patna ====================================================== 1.

Indrajeet Yadav S/o Late Rambrikchh Kumar @ Rambrichh Yadav Resident of Village- Manjhauli, P.S.- Salimpur, PIN- 803202, District- Patna. 2.

Gautam Kumar @ Gautam Yadav S/o Baldeo Singh @ Baldeo Yadav Resident of Village- Manjhauli, P.S.- Salimpur, PIN- 803202, DistrictPatna. 3.

Baban Yadav S/o Jehal Singh @ Jehal Yadav Resident of Village- Manjhauli, P.S.- Salimpur, PIN- 803202, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Baban Kumar For the Opposite Party/s :

Mr.Mukeshwar Dayal Mr.Parsuram Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

22-11-2021 Heard learned counsel for the parties.

The petitioners seek bail in Salimpur P.S. Case No. 54 of 2021, registered for the offence under Sections 147, 148, 149 and 302 of the Indian Penal Code.

As per F.I.R., on 21.03.2021 at about 9:30 AM while the father and mother of informant were going to Khusrupur Bazar, these petitioners alongwith other FIR named accused came there, armed with different weapon, and brutally assaulted father of the informant, on account of which, informant's father

Patna High Court CR. MISC. No.47963 of 2021(2) dt.22-11-2021 2/3 fell down and when mother of informant tried to save him (informant's father), she was pushed from there by accused persons. It is further alleged that co-accused Anil Yadav and Sheokumar Yadav jumped on his (informant's father) chest and broke both hands and legs of informant's father, on account of which, father of informant died during course of treatment. It is submitted on behalf of petitioners that as per F.I.R. itself, specific allegation of assault is against co-accused Anil Yadav and Sheokumar Yadav. So far as these petitioners are concerned, there is general and omnibus allegation. Informant is not eye-witness to the occurrence. Petitioners are in custody since 08.04.2021. Investigation is complete.

However, learned counsel for the State and informant opposed the bail petition and submitted that these petitioners alongwith other co-accused have brutally assaulted father of the informant, as a result of which, he died during course of treatment.

Considering the nature of allegation and period of custody, the bail petition of petitioners is allowed. 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 Judicial Magistrate 1st

Patna High Court CR. MISC. No.47963 of 2021(2) dt.22-11-2021 3/3 Class, Barh (Patna) in connection with Salimpur P.S. Case No. 54 of 2021.

(Prabhat Kumar Singh, J.) anay U T