Nuneshwar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51076 of 2021 Arising Out of PS. Case No.-193 Year-2021 Thana- JHAJHA District- Jamui ====================================================== Nuneshwar Yadav S/O- Late Sukar Yadav Resident of Village- Katahratarn, P.S.- Jhajha, Distt- Jamui.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Siyaram Pandey For the Opposite Party/s :
Mr.Rajesh Kumar Mr.Pramod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.
29-11-2021 Heard learned counsel for the parties.
The petitioner seeks bail in Jhajha P.S. Case No. 193 of 2021, registered for the offence under Sections 147, 149, 302, 452, 504, 506 and 427 of the Indian Penal Code. As per the prosecution case, husband of the informant was brutally assaulted by F.I.R. named accused persons, as a result of which, he died on the spot.
It is submitted on behalf of petitioner that as per F.I.R. itself, other co-accused persons have assaulted the deceased. So far as this petitioner is concerned, there is no overt act against him and he is only alleged to be member of the unlawful assembly. Petitioner has got clean antecedent and he is in custody since 29.06.2021.
Patna High Court CR. MISC. No.51076 of 2021(2) dt.29-11-2021 2/2 However, learned A.P.P. for the State and learned counsel for the informant vehemently opposed the bail petition. Learned counsel for the informant submits that petitioner was also a member of the unlawful assembly and as such, he may not be granted bail.
Considering the aforesaid facts and circumstances, the bail petition of petitioner 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 learned Chief Judicial Magistrate, Jamui in connection with Jhajha P.S. Case No. 193 of 2021. (Prabhat Kumar Singh, J.) anay U T