Munilal Yadav @ Munilal Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2244 of 2021 Arising Out of PS. Case No.-302 Year-2019 Thana- PIRO District- Bhojpur ====================================================== Munilal Yadav @ Munilal Singh, son of Late Baij Nath Yadav, R/O Village - Jan Tola @ Gyan Tola, Neak Tola, Jangal Mahal, P. S.-Piro, District-Bhojpur (Ara) ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Aditya Nath Pandey, Advocate For the State : Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 27-05-2021 This matter has been taken up today for consideration through video conferencing in view of resurgence of COVID-19 Pandemic.

The learned counsels are appearing and making submissions from their residence. The Court Master and Secretary are also part of this virtual Court proceedings from their homes, all with the aid of audio visual technology. Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in connection with Piro P.S. Case No.302 of 2019 instituted for the offence punishable under Sections 147, 149, 379, 323, 341, 302 of the Indian Penal Code Nine accused persons, including the petitioner, have

Patna High Court CR. MISC. No.2244 of 2021(2) dt.27-05-2021 2/3 allegedly assaulted informant's father by Lathi, Danda and iron rod etc., as a result of which the informant's father has died. Counsel for the petitioner submits that nine persons have been named on extraneous considerations. There is no specific allegation against any of the accused persons, including the petitioner. The allegations are general and omnibus and considering this aspect of the matter, other co-accused have been allowed bail in Cr. Misc. No.1599 of 2020, vide order dated 28.05.2020. The petitioner is in custody since 01.07.2020. Learned APP for the State has opposed the prayer for bail.

Considering the rival submissions, this Court is inclined to allow petitioner's prayer for bail. Accordingly, let the petitioner, above named, 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 the learned Chief Judicial Magistrate, Bhojpur, Ara, in connection with Piro P.S. Case No.302 of 2019, subject to the following conditions:

(i) That one of the bailors of the petitioner will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner.The bailor will also undertake to inform the court if there is any change in

Patna High Court CR. MISC. No.2244 of 2021(2) dt.27-05-2021 3/3 the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bonds will be liable to be cancelled.

This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office.

(Madhuresh Prasad, J) PNM U T