Mukhesh Yadav @ Mukesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.56040 of 2017 Arising Out of PS.Case No. -13 Year- 2017 Thana -PAWNA District- BHOJPUR ======================================================
1. MUKHESH YADAV @ MUKESH YADAV S/o Vinod Yadav, R/o Village- Khopira (Pali Dhibar), P.S.- Pawna, District- Bhojpur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Sri Vinod Shankar Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-12-2017 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Pawna P.S. Case No. 13 of 2017 registered under Sections 147, 148, 149, 323, 337, 379, 302 of the Indian Penal Code.
Petitioner along with other accused persons are said to have assaulted the father of the informant on his head by means of iron rod and lathi resulting into his death during the course of treatment.
It is submitted by the learned counsel for the petitioner that allegation levelled against the petitioner is not specific. There is general and omnibus allegation against him. As a matter of fact, no such occurrence has taken place. Father of the
Patna High Court Cr.Misc. No.56040 of 2017 (3) dt.20-12-2017 2/2 informant had fallen on the ground and sustained injury on his head. Regarding the said occurrence, co-accused Binod Yadav has filed Pawna P.S. Case No. 32 of 2017 against the informant and his family. It is further submitted that doctor has also found only one head injury on the person of the deceased hence the assailant is not ascertained. Petitioner is languishing in judicial custody since 19.03.2017.
In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Pawna P.S. Case No. 13 of 2017.
(Prakash Chandra Jaiswal, J) sushma/- U T