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Patna High CourtCR. MISC./69055/2018rejected

Raj Kumar Yadav v. The State Of Bihar

2019-01-09Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69055 of 2018 Arising Out of PS. Case No.-68 Year-2018 Thana- SARMERA District- Nalanda ====================================================== Raj Kumar Yadav Son of Sukhdeo Yadav Resident of Banshi Bigaha (Mohanpur) Police Station-Sarmera,Distt.-Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Kashyap For the Opposite Party/s :

Mr.Sri Anuj Kumar Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 09-01-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Sarmera P.S. Case No. 68 of 2018 registered for the offence punishable under Sections 341, 323, 307, 337, 338 and 427 of the Indian Penal code.

The allegation of the prosecution is that the petitioner herein along with two other accused persons had assaulted the father of the informant resulting in injury to the father of the informant and his subsequent death.

The learned counsel for the petitioner submits that no specific allegation of any overt act is there against the petitioner herein and as far as three accused persons are concerned, there is general and omnibus allegation. It is further submitted that

Patna High Court Cr.Misc. No.69055 of 2018(4) dt.09-01-2019 2/2 the petitioner is languishing in custody since 28.05.2018. I have heard the learned counsel for the petitioner and perused the materials on record and I find that the assault by the petitioner and others has resulted in death of the father of the informant which is a grave crime, hence there is no merit in the present petition and the same is rejected.

(Mohit Kumar Shah, J) S.Sb/- U T