Patna High CourtCR. MISC./47339/2024bail granted

Mahendra Yadav @ Nitish Kumar v. The State Of Bihar

2024-08-30Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47339 of 2024 Arising Out of PS. Case No.-162 Year-2022 Thana- DHANARUA District- Patna ====================================================== 1.

Mahendra Yadav @ Nitish Kumar Son of Kameshwar Yadav R/O Vill.- Sultanpur, P.S.- Dhanarua, Dist.- Patna 2.

Mritunjay @ Ajeet Kumar @ Mritunjay Kumar Son of Mahendra Yadav @ Nitish Kumar R/O Vill.- Sultanpur, P.S.- Dhanarua, Dist.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-08-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners seek bail in connection with Dhanarua P.S. Case No. 162 of 2022, registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

3. The prosecution case, in brief, is that these petitioners, along with other co-accused persons, pelted stones at the father of informant; as a result of which, informant's father sustained injury and during the course of treatment, he died.

4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in the

Patna High Court CR. MISC. No.47339 of 2024(2) dt.30-08-2024 2/2 present case. Allegation of pelting stones is general and omnibus. No specific over act is alleged against the petitioners. The charge-sheet has already been submitted. Petitioners are in custody since 07.05.2024.

5. Learned A.P.P. appearing on behalf of the State opposed the prayer for bail.

6. Having considered the aforesaid facts and circumstances of the case, let the above named petitioners 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 Judicial Magistrate-I, Masaurhi in connection with Dhanarua P.S. Case No. 162 of 2022.

(Prabhat Kumar Singh, J) utkarsh/- U T