Ramji Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40568 of 2022 Arising Out of PS. Case No.-6 Year-2020 Thana- BATH District- Bhagalpur ====================================================== Ramji Yadav Son Of Makko Yadav @ Makku Yadav Resident Of Village - Belari West , P.S.- Bath, Distt.- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tarun Prasad Mandal For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-01-2023 As prayed for, learned Counsel for the petitioner is permitted to make some necessary corrections in the petition.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 147, 148, 149, 302, 504, 506 of the Indian Penal Code.

As per allegation in the FIR, the father of the informant is alleged to have been assaulted by the petitioner along with co-accused persons by rod and

Patna High Court CR. MISC. No.40568 of 2022(3) dt.04-01-2023 2/3 lathi, as a result of which, he sustained injuries and during course of treatment he died.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. It is also submitted that petitioner is languishing in judicial custody since 24.02.2022. It is further submitted that this alleged to took place due to petty dispute over quarrel between the children of both parties. There is general and omnibus allegation against the petitioner. The specific allegation of assaulting by means of rod and lathi on the head of the deceased is against co-accused Rohit Yadav and Santosh Yadav. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. It is further submitted that similarly situated several co-accused persons have been granted Bail by the co-ordinate Bench of this Court vide order dated 03.01.2022 & 04.02.2022 passed in CR. Misc. Nos. 19741 of 2021 and 43397 of 2021 respectively.

Patna High Court CR. MISC. No.40568 of 2022(3) dt.04-01-2023 3/3 Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Sessions Trial No. 486 of 2022, arising out of Bath P.S. Case No. 06 of 2020 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 Vth Additional District Judge, Bhagalpur.

(Sunil Kumar Panwar, J) nirajkrs/- U T