Aman Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39702 of 2022 Arising Out of PS. Case No.-348 Year-2021 Thana- GOGRI District- Khagaria ====================================================== Aman Kumar Yadav Son of kusho Yadav Resident of Village- Fudkichak, Police Station- Gogri, District - Khagaria.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashank Shekhar, Advocate For the Opposite Party/s :
Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 03-11-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Gogri P.S. Case No. 348 of 2021 registered for the offence under Sections 341, 342, 323, 307, 379, 326 and 34 of the Indian Penal Code. The accused/petitioner is named in the F.I.R. and is in custody since 02.12.2021.
The allegation against the petitioner is to cause bodily injuries alongwith other co-accused persons, having intention to cause death.
Learned counsel appearing on behalf of the petitioner submitted that present case was lodged in retaliation of the
Patna High Court CR. MISC. No.39702 of 2022(2) dt.03-11-2022 2/3 Gogri P.S. Case No. 347 of 2021 and is suggestive of the fact itself that both parties having of long-standing inimical terms. It is further submitted that the allegation regarding assault is very much general and omnibus, where nature of injuries negating further intention to cause death. It is further submitted that similarly situated co-accused person, namely, Jawahar Yadav has already been granted bail by one of the learned co-ordinate Bench of this Court through Cr. Misc. No. 65955 of 2021 vide order dated 22.04.2022. It is pointed out that the petitioner involved in 4 more criminal cases, where he is on bail. While concluding the argument, it has been submitted that investigation has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP opposes the prayer of bail.
Considering the facts and circumstances as mentioned above, as allegation of assault is very much general and omnibus against this petitioner coupled with the fact that charge-sheet has been submitted, let the petitioner, above named, is directed to be released on bail in connection with Gogri P.S. Case No. 348 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
Patna High Court CR. MISC. No.39702 of 2022(2) dt.03-11-2022 3/3 amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. (Chandra Shekhar Jha, J) pooja/- U T