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Patna High CourtCR. MISC./38551/2020bail granted

Devmuni Yadav @ Devmuni Singh v. The State Of Bihar

2021-01-05Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38551 of 2020 Arising Out of PS. Case No.-302 Year-2019 Thana- PIRO District- Bhojpur ====================================================== Devmuni Yadav @ Devmuni Singh, Son of Late Baijnath Yadav, Resident of Village - Jantola, P.S. - Piro, District - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhisek, Advocate For the Opposite Party/s :

Mr. Shyam Kr. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 05-01-2021 Heard learned counsel for the petitioner and the State.

In the present case, the petitioner is seeking bail in connection with Piro P.S. Case No.302 of 2019 registered for offences punishable under Sections 147, 149, 379, 323, 341 and 302 of the Indian Penal Code.

As per allegation made in the FIR, on account of certain dispute, all the accused persons including the petitioner jointed started assaulting the father of the informant till his death by different weapons, such as, Lathi, Danda, brick-bating and iron rod.

Counsel for the petitioner submits that earlier the petitioner had filed a Cr. Misc. No. 3659 of 2020 for grant of

Patna High Court CR. MISC. No.38551 of 2020(2) dt.05-01-2021 2/2 bail, which was rejected by this Court vide order dated 28.05.2020. He further submits that there is general and omnibus allegation and no specific overt act has been attributed against the petitioner. It is urged that similarly situated co-accused persons have already been granted bail by a coordinate Bench of this Court vide order dated 28.05.2020 passed in Cr. Misc. No. 1599 of 2020 and the petitioner is in judicial custody since 28.10.2019 having no criminal antecedent.

Considering the aforementioned facts and circumstances of the case, the petitioner, above-named, is directed to be released on bail on furnishing bail bonds of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Ara, Bhojpur in connection with Piro P.S. Case No. 302 of 2019 with a condition that one of the bailor will be the close relative of the petitioner.

(Shivaji Pandey, J) V.K.Pandey/- U T