Mantu Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56884 of 2021 Arising Out of PS. Case No.-22 Year-2020 Thana- GOBARDHANA District- West Champaran ====================================================== 1.

Mantu Yadav Son Of Puranmasi Yadav R/O Village- Baluahwa, P.S.- Gobardhana, District- West Champaran 2.

Jag Yadav Son Of Gena Yadav R/O Village- Baluahwa, P.S.- Gobardhana, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Randhir Kumar No.1, Advocate For the Opposite Party/s :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-08-2022 Heard learned counsel for the petitioners and learned APP for the State and perused the case diary. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 379, 504 and 302 of the Indian Penal Code.

It is a case of assaulting due to which the informant and three others sustained injuries and during treatment injured, namely, Manoj Yadav succumbed to injuries.

It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case. He further submits that from perusal of the postmortem report, it appears that the cause of death is head injuries but there is no specific allegation against these petitioners of assaulting to the deceased. There is general and omnibus allegation against them.

Patna High Court CR. MISC. No.56884 of 2021(3) dt.01-08-2022 2/2 He further submits that after completing the investigation, these petitioners were not sent up for trial and the learned trial Court after finding the case prima-facie true, took cognizance against these petitioners. He further submits that vide para-76 of the case diary witness, Rajdeo Yadasv stated before the Investigating Officer that co-accused Gena Lal Yadav had inflicted injury to the deceased Manoj Yadav. Learned APP appearing for the State opposed the anticipatory bail.

Considering the aforesaid submissions, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned ACJM-I, Bagaha, District- West Champaran in connection with Gobardhana P.S. Case No. 22 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Brajesh Kumar/- U T